The Environmental Forum

Volume 39 Issue 6

November-December 2022

This issue's articles are available below.

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Bounty of Benefits

OPENING ARGUMENT Under intensive regulatory, commercial, and academic oversight, and notwithstanding its widespread and rapid rate of adoption, biotechnology has produced huge gains in well-being that have flowed to society without any evidence of adverse health or environmental effects.

By Stanley Abramson and Karen Carr
ArentFox Schiff, ArentFox Schiff

With a SIDEBAR by Greg Jaffe of the Center for Science in the Public Interest.

Cut the Red Tape

COVER STORY I The federal project review process is a daunting obstacle to any clean energy transition. Until Congress reforms the entire permitting system, the goal of a renewable energy economy is almost certainly beyond reach.

By Mario Loyola
Florida International University Law School

With SIDEBARs by Kassie Siegel of the Center for Biological Diversity and Edward Boling of Perkins Coie LLP.

A Time for Triage

COVER STORY 2 It’s too late to protect everything. To save the climate, we need to build so much wind and solar that some will go in bad places. Not doing so would be much worse. Rather than climate denial, the environmental community has tradeoff denial.

By Michael B. Gerrard
Columbia Law School

With SIDEBARs by Noah C. Shaw of Foley Hoag LLP and Sharon Buccino of the Natural Resources Defense Council.

Todd Kim, Assistant Attorney General, Environmental and Natural Resources Division

PROFILE For federal actions on climate change and environmental justice to succeed, the government needs a robust team of lawyers to back it up. Todd Kim, the Justice Department’s top defender of public health and natural resources, takes the lead.

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

THE DEBATE Last term’s decision in West Virginia v. EPA only targeted EPA’s authority under one provision of the Clean Air Act. But the concern remains whether other policies, for climate and beyond, could also become “major questions,” potentially restricting future agency action. That is an important issue, given the congressional gridlock on environmental law over the last few decades. What will legal review of climate and other environmental policies look like under the major questions doctrine?

By Bethany Davis Noll, Jay Duffy, Lisa Heinzerling and Kevin Poloncarz
State Energy & Environmental Impact Center, NYU School of Law, Clean Air Task Force, Georgetown University Law Center, Covington & Burling LLP
By: David P. Clarke

With the IRA’s Passage, an Uphill Journey to Clean Energy Begins.

By: Craig M. Pease

Loss of Institutional Structures for Science to Inform Policymaking.

By: Linda K. Breggin

ECOS to Prioritize Infrastructure, Environmental Justice, and PFAS.

By: Ethan Shenkman

Work to Do as Inflation Reduction Act Now Pivots to Implementation.

By: Bethany A. Davis Noll

A Dormant Threat to State Clean Energy, Public Health Programs.

By: Bob Sussman

What We Can Learn From Joe Manchin and the Climate Law.

By: Joseph E. Aldy

The Risks—and Opportunities—of Guaranteeing Clean Energy Loans.

By: Stephen R. Dujack, By: Akielly Hu

Dodging Falling Rockets and Errant Minor Asteroids.

By: Lisa Benjamin

Looks at Multiple Systems of Oppression.

By: Akielly Hu

See Your Colleagues' Job Changes and Accolades.

By: Akielly Hu

ELI Advances Peacebuilding, Ocean Conservation at UN.

By: Linda Breggin

Model Ordinance for Food Waste Generators

By: Jordan Diamond

On New Laws' Climate Change Funding.