The Environmental Forum

Volume 33 Issue 2

March-April 2016

This issue's articles are available below.

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Purchasers of products and services increasingly value the ecological impacts of suppliers. Securities filings should disclose that environmentally motivated purchases materially affect some corporate earnings, prospects, and business operations.

By Warren G. Lavey
University of Illinois

With a SIDEBAR by Jeff Smith of Cravath, Swaine & Moore LLP (retired)

The Netherlands national court's Urgenda decision was a delight to climate change activists worldwide, but U.S. Courts' role in reviewing climate policies is not likely to be changed due to the fundamental nature of the two different legal and political systems.

By Lucas Bergkamp and F. William Brownell
Hunton & Williams

Ten things that every American environmental professional should know about China before engaging with the world's second-largest economy.

By Tseming Yang
University of Santa Clara

With a SIDEBAR by Zhang Jingjing of the Beijing Huanzhu Law Firm

The 2015 ELI Award winner on how the 1965 White House Conference on Natural Beauty set the stage for the environmental and natural resource laws passed in the next quarter century. Politicians involved in the gridlock of the ensuing twenty-five years would do well to learn from the bipartisan conference’s example.

By Henry L. Diamond
Beveridge & Diamond, P.C.

While using all available tools may seem wise when faced with the formidable challenges presented by climate change, there are moral authorities — including Pope Francis — who have cautioned against blind acceptance of one popular approach, market-based mechanisms. As the environmental law and policy field absorbs the Paris Agreement and begins to focus on methods of achieving the goals consented to, it will be important for thought leaders to step back and examine the tools at their disposal from the perspective of the global community, particularly the poor and marginalized, as well as weigh other market-based programs to reduce pollutants like mercury or sulfur dioxide. Can a market overcome the moral failure of the tragedy of the commons? Can it be constructed to incentivize social equity and avoid pollution hot spots?

By Leslie Carothers, Joel Darmstadter, Caroline Farrell, Stephen F. Harper, Bob Perciasepe and Lucia A. Silecchia
Environmental Law Institute, Resources for the Future, Center on Race, Poverty, and The Environment, Intel Corporation, Center for Climate and Energy Solutions, Catholic University of America
By: David Clarke

For EPA, plenty of advice, little consent as nominees languish in Senate confirmation.

By: Ann R. Klee

The digital transformation of the environment, health, and safety profession and practice.

By: Linda K. Breggin

State pension plans are greening companies through shareholder initiatives.

By: Craig M. Pease

Climate changing: The alchemy (and science) of heat and sun in ice-cap melting worries.

By: Richard Lazarus

Reviewing the Clean Power Plan — and the fate of the Paris Agreement after the courts review rule.

By: Gabrielle Williamson

The EU Court of Justice ends the long dispute over chemicals policy concerning articles.

By: Robert N. Stavins

Trade talks can profitably follow the path of the Paris climate change agreement.

By: Stephen Dujack

The “Paris Gap” in greenhouse gas emissions can be filled in part through private initiatives.

By: G. Tracy Mehan III

On the creation of the global regime.

By: Laura Frederick

ELI presidents at Paris side events to promote legal aspects.

By: James McElfish

On the challenges and opportunities of citizen science.

By: Scott Fulton

On change and progress.