The Environmental Forum

Volume 33 Issue 5

September-October 2016

This issue's articles are available below.

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LEAD FEATURE ❧ Drought is now a permanent feature of the American ecology. Meanwhile, demands on water supply are rising along with population increases, stressing endangered species. In response, existing statutes and litigation based on them are being stretched to their limits.

By Kathy Robb
Hunton & Williams

CENTERPIECE ❧ We live in a material world. The unsustainable consumption of natural resources translates into environmental degradation and increased business risk. Economic growth and raw materials need to be decoupled. Fortunately, there is a path forward.

By Mathy Stanislaus
Environmental Protection Agency

COVER STORY ❧ The challenge now is implementation. Creating a race to the top — an approach that could incentivize greater ambition — will require all elements of civil society, including environmental professionals, to reach the accord’s ambitious but eminently realizable goals.

By John C. Dernbach and Donald A. Brown
Widener University Law School

With a SIDEBAR by Hari Osofsky of University of Minnesota Law School.

PROFILE ❧ Steve Ellis operates at the interface of the political and the career workforce in this Department of the Interior agency tasked with managing the nation’s public lands, a fiery pivot point in the conservation conversation.

By Phil Taylor

THE DEBATE ❧ Fatal occupational injuries have fallen by 60 percent since the Occupational Safety and Health Administration was created, but how much credit it deserves is the subject of this Debate. OSHA has been out front offering advice on workplace improvements and can claim credit for successes such as brown lung disease or HIV infection among healthcare workers. However, the agency has set exposure limits for only 18 hazardous substances in its 46 years of existence. What are the agency’s most praiseworthy success stories? And if OSHA‘s achievements have been limited, who bears responsibility? What statutory, budgetary, organizational, structural, or philosophical changes could improve the agency’s record?

By Baruch A. Fellner, Adam M. Finkel, John Mendeloff, Randy Rabinowitz, Peg Seminario and W. Kip Viscusi
Gibson Dunn & Crutcher, LLP, Univ. of Pennsylvania Law School, University of Pittsburgh, Occupational Safety & Health Law Project, AFL-CIO, Vanderbilt University
By: David P. Clarke

Chemical Safety Act is First New Environmental Law in 20 Years.

By: Kathleen Barrón

Acknowledging Role of Nuclear Power in Meeting Climate Goals.

By: Linda K. Breggin

Are State Agency Budgets Rising Enough to Meet New Challenges?

By: Craig M. Pease

The Plight of the Bugs, and the Failure of the Laws of Humans.

By: Richard Lazarus

Who's On First? District, Appeals Courts Grapple with Jurisdiction.

By: Bruce Rich

Conservation Fads, Environmental Market, and Climate Change.

By: Robert N. Stavins

Cap-and-Trade: How California Can Lead on Climate Policy.

By: Stephen R. Dujack

Latest news on climate change is exceedingly dire. The Paris Agreement offers the only hope.

By: Oliver A. Houck

Oliver Houck on early America's fur economy.

By: Laura Frederick

National Wetlands Awards presented at annual event.

By: Jay Austin

Communicating scientific uncertainty to clients and the public.

By: Scott Fulton

Scott Fulton on environment and justice.