The Environmental Forum

Volume 34 Issue 5

September-October 2017

This issue's articles are available below.

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A Statute Reborn

LEAD FEATURE ❧ Signs are everywhere of a resurgence for endangered species and the Endangered Species Act. Congress hasn’t amended the law in almost three decades, but actions by the Obama administration and its predecessors have reinvigorated the legislation and improved recovery.

By Michael J. Bean
Department of the Interior (2009-17)

With SIDEBARS by a developer spokesman and an environmental group leader

The Post-Ownership Society

CENTERPIECE ❧ The environmental impacts of the sharing economy may not be unequivocally positive or negative but will depend on sticky norms, policy nudges, and human preferences. There may also be tipping points in capacity utilization, which could impact policy decisions.

By David Rejeski
Environmental Law Institute
About Those Job-Killing Regulations

COVER STORY ❧ The fake-news apparatus has at its core a basic precept about environmental law: rules implementing the key statutes are bad for the economy. The actual facts, however, demonstrate the opposite. Regulations increase employment, growth, and competitiveness.

By Abel Russ
Environmental Integrity Project
Lois Schiffer

TESTIMONY ❧ In her address to the 2017 graduates of Vermont Law School, the honorary degree recipient declared that in “these troubling times, standing on the common ground of protecting the environment is an excellent way for professionals to work to resecure our democracy.”

By Lois Schiffer
National Oceanic and Atmospheric Administration (2010-17)
The Debate

HEADNOTE ❧ The Supreme Court’s decision in Chevron v. NRDC has been at the heart of environmental law and administration law generally. But even before the ascension of Neil Gorsuch to the High Court, there were signs that the justices were looking on deference with skepticism.

By: David P. Clarke

Sound science or political science? Federal agencies respond to Trump.

By: Craig M. Pease

The war against logic, evidence, and free market of scientific ideas.

By: Linda K. Breggin

State role in autonomous vehicle rollout key to a green outcome.

By: Kathleen Barrón

Need to turn corner to promote pollution-cutting storage options.

By: Richard Lazarus

A big blow against the "regulatory takings" economic loss argument.

By: Ethan Shenkman

Companies and others affected by rules changes facing a wild ride.

By: Bruce Rich

Are international carbon offsets innately flawed and unreformable?

By: Robert N. Stavins

Authority, credibility, influence: what U.S. loses in Paris pullout.

By: Oliver A. Houck

On a 21st century Book of Genesis.

By: Stephen R. Dujack

On the confluence of two water laws.

By: Dan Becker and James Gerstenzang

Objecting to article's GHG goals portrayal.

Your colleagues' new jobs and achievements.

By: Laura Frederick

Conservationists honored with Wetlands Awards.

By: Xiao Recio-Blanco

Strengthening deep seabed legal protection in the age of climate change.

By: Scott Fulton

On the future of cooperative federalism.