The Environmental Forum

Volume 38 Issue 2

May-June 2021

This issue's articles are available below.

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With Compliance Built In

LEAD FEATURE Widespread, serious violations are the norm for most environmental rules. A Next Generation Compliance approach to regulations can help deliver promised benefits — especially for climate rules, where we cannot afford implementation collapse.

By Cynthia Giles
Harvard Environmental and Energy Law Program

With a SIDEBAR from New Mexico’s environmental secretary, James C. Kenney.

When the System Fosters Racial Injustice

COVER STORY 1 Several causes contribute to race-based disparities in environmental and public health harms. One of these is the role of the regulatory system in implementing and enforcing environmental policies with discriminatory effects.

By James Goodwin
Center for Progressive Reform

With SIDEBARs from two scholar-activists on race and justice.

Achieving Biden’s EJ Agenda

COVER STORY 2 The president announced an ambitious environmental justice program on his first day in office, taking several administrative actions. But durable, lasting policy will depend on an all-of-government approach to bring equitable relief to vulnerable communities.

By Paul Freeman, Tyler O'Connor and Lynn Phan
Crowell & Moring, Crowell & Moring, Crowell & Moring

With SIDEBARs from two experts on communities seeking environmental justice.

Durwood Zaelke, Stephen Andersen, David Doniger, and Alan Miller

TESTIMONY The Environmental Law Institute has been the incubator for staff who went on to make extraordinary contributions to ozone-layer protection and climate change leadership. In this article, four alumni tell their story.

By Stephen O. Andersen, David Doniger, Alan S. Miller and Durwood Zaelke
Environmental Law Institute (former), Environmental Law Institute (former), Environmental Law Institute (former), Environmental Law Institute (former)
The Debate: The New Toxic Substances Control Act Is Now Five Years Old: A Report

June 22 will mark the fifth anniversary since President Obama signed the law popularly known as the new Toxic Substances Control Act. The statute reforms a system for evaluating and regulating chemicals in commerce that everyone, from industry to green NGOs to government officials, agreed was weak and ineffective. We asked a panel of experts to evaluate implementation of TSCA 2.0 and suggest improvements.

By Richard A. Denison, Lynn L. Bergeson, Penelope A. Fenner-Crisp, Eve C. Gartner, Bob Sussman and Jean Warshaw
Environmental Defense Fund, Bergeson & Campbell, PC., Environmental Protection Network, Earthjustice, Sussman & Associates, Lawyer and Author
By: David P. Clarke

Momentum Is Surging for Green Hydrogen in Clean Energy Future.

By: Craig M. Pease

Microplastic Pollution: When a Solution Becomes a Problem.

By: Linda K. Breggin

Can the Impossible Burger Lower Municipalities’ Carbon Footprints?

By: Sally R.K. Fisk

ESG Standard on Environmental Justice Can Drive Greater Progress.

By: Bethany A. Davis Noll

Social Cost of Carbon Is a Case Study on Courts, Executive Orders.

By: Ethan Shenkman

The Nation’s Environmental Law Firm, ENRD, Hits Reset Button.

By: Joseph E. Aldy

Decarbonizing the U.S. Economy Has Substantial, Impressive Benefits.

By: Bruce Rich

International Conspiracy Promotes Sustainability Along With Equity.

By: Oliver Houck

Oliver Houck: murder mystery, pollution solution.

By: Stephen R. Dujack, By: Akielly Hu

‘The Community,’ Equity, and Justice.

By: Akielly Hu

Keep track of colleagues' job changes and honors.

By: Akielly Hu

Helping Kazakhstan Craft Its Environmental Code.

By: Xiao Recio-Blanco

How Small-Scale Fisheries Can Become a Huge Success.

By: Scott Fulton

On disinformation as public enemy number one.