The Environmental Forum

Volume 40 Issue 2

March-April 2023

This issue's articles are available below.

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New York City at Night

OPENING ARGUMENT New York City is addressing its climate impact by mandating that large buildings sharply reduce their greenhouse gas emissions. In a new cooperative federalism, the Inflation Reduction Act can mesh with these mandates through subsidies and incentives.

By Katrina Wyman
New York University Law School

With a SIDEBAR by Amy E. Turner of Columbia Law School

Corinthian Capital

CROSS-EXAMINATION A necessary protection whose time has come, these additions to state bills of rights are self-executing and enforceable protections for public health and natural resources, and place limits on government actions while creating a duty to foster generational sustainability.

By Maya K. van Rossum and Kacy Manahan
Delaware Riverkeeper Network, Delaware Riverkeeper Network

With a SIDEBAR by Rachel M. Hopp

Clean Air Act Hall of Fame Cover Image

COVER STORY In light of the unique circumstances that led to the Supreme Court’s decision last term in reviewing an agency rulemaking, and the chief justice’s careful caveats on “major questions,” we caution against overstating the case’s likely long-term impacts on environmental law.

By Stan Meiburg and Scott Schang
Wake Forest University, Wake Forest University

With SIDEBARs by Rena Steinzor of University of Maryland and Jeff Holmstead of Bracewell

The aftermath of Typhoon Nina in Iriga City, Camarines Sur, Philippines, in December 2016. Photo from Shutterstock.

THE BRIEFING The new UN loss and damage fund aims to compensate developing nations for climate impacts. Will it live up to its promise?

By Akielly Hu
Environmental Law Institute
The Debate: The New Toxic Substances Control Act Is Now Five Years Old: A Report

THE DEBATE Last year, the Securities & Exchange Commission published a proposed rule on climate disclosure that would require “information about a registrant’s climate-related risks that are reasonably likely to have a material impact on its business, results of operations, or financial condition.” A final rule is expected later this year, but first our panel has some comments.

By Andrew Behar, Ira Feldman, Tiffani Lee, Robert Pojasek, Dottie Schindlinger and Kristina Wyatt
As You Sow, Adaptation Leader, Holland & Knight LLP, Pojasek & Associates, Diligent Institute, Persefoni
By: David P. Clarke

Seeing Green: Can EPA Effectively Manage Its Billions for Grants?

By: Craig M. Pease

Agencies Have Immense Scientific Knowledge but Still Are Attacked.

By: Linda K. Breggin

New York First State to Curb Footprint of Cryptocurrencies.

By: Ethan Shenkman

CEQ’s Climate Guidance Walks a Tightrope on the Energy Transition.

By: Bethany A. Davis Noll

In a Threat to State Priorities, a Broadside Against Standing.

By: Bob Sussman

U.S. Primacy and the Race to Dominate the Global EV Market.

By: Joseph E. Aldy

How Green Is Green Hydrogen? It’s an Energy Source Shell Game.

By: G. Tracy Mehan III

"What's Next?" in Regulation.

By: Stephen R. Dujack, By: Akielly Hu

Western Water Woes Visible in a Tale of Two Rivers.

By: Akielly Hu

ELI Advances Gender-Inclusive Water Policymaking.

By: Jordan Diamond

On How Water Shapes Society.