The Environmental Forum

Volume 37 Issue 2

March-April 2020

This issue's articles are available below.

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Seventy-Four Inches

BOOK EXCERPT ❧ The space between jurists and advocate at the Supreme Court is only a little more than six feet during oral arguments. As counsel for the state in Massachusetts v. EPA learned, the exchange of fire over that small divide is highly penetrating and usually hostile.

By Richard J. Lazarus
Harvard Law School
Basquing in Sustainability

CENTERPIECE ❧ Known by its people as Euskadi, a small European region with its own culture has evolved into one of the most environmentally progressive, globally competitive, socially inclusive economies in the world through clear priorities and careful planning to implement them.

By Bruce Rich
Environmental Law Institute
Emergence and Convergence

COVER STORY ❧ International law has been transformed by ecological issues. And environmental norms now permeate the legal systems of developing countries and emerging economies alike. However, the challenges are simultaneously increasing in scope and severity.

By Tseming Yang
Santa Clara University Law School
Cards Against Calamity

GAME STORY ❧ A game ELI developed with its partners educates local decisionmakers about necessary tradeoffs and hidden opportunities as communities face environmental disasters and enhance their ability to mitigate them through good planning and heightened resilience.

By Sam Koenig
Environmental Law Institute
The Debate: Commemorating the First Earth Day

Earth Day 1970 was a watershed event in U.S. history, creating a system of environmental protection along with a profession to advance it in government, industry, law firms, nonprofits, and universitites. This system has advanced in D.C., state capitals, and town halls. Meanwhile, new challenges — from climate change to biodiversity collapse — keep arising. A half century after the first Earth Day is a good time to ask how good the system of environmental protection is at addressing today’s challenges.

By Leslie Carothers, David J. Hayes, Barry E. Hill, Rafe Pomerance, Kathleen Rogers and Lynn Scarlett
Environmental Law Institute, NYU Law School State Energy & Environmental Impact Center, Vermont Law School, Woods Hole Research Center, Earth Day Network, The Nature Conservancy
By: David P. Clarke

100 Percent Clean Energy by 2050 Isn't Certain, But It's No Pipe Dream.

By: Craig M. Pease

Lessons From When Both Political, Economic Powers Supress Science.

By: Linda K. Breggin

The Global Covenant of Mayors Supports Cities' Voluntary Efforts.

By: Sally R. K. Fisk

Practice in Era of Sustainability and Private Environmental Governance.

By: Amanda Leiter

The Supreme Need for Mentoring the Next Generation of Litigators.

By: Ethan Shenkman

Proposal Raises More Questions Than Answers About NEPA Future.

By: Joseph E. Aldy

Markets Don't Deny the Existence or Risks of Global Climate Change.

By: Stephen R. Dujack

Earth Day 1970 & 2020's Protesters.

By: G. Tracy Mehan III

On Water Everywhere, Mostly Fit to Drink.

By: Anna Beeman

Colleagues' New Jobs, Promotions, and Achievements.

By: Anna Beeman

CEQ Chair and Senator Keynote ELI-NEPA Anniversary Event.

By: Jessica Troell

Rights to Water Vital to Sustainable Development.

By: Scott Fulton

Those Proposed NEPA Rules: A 50th Anniversary Gift?