ELI Primary Menu

Skip to main content

Vibrant Environment

Are Secondhand Cars Treasure or Trash? Takeaways From the Second INECE Compliance Conversation

By Shehla Chowdhury, Research & Publications Intern
Monday, July 8, 2019

Over the last several decades, many countries have sought to decrease their carbon footprint by creating stricter emissions standards for motor vehicles. However, once these standards are in place, a serious question arises: what should be done with older, “dirtier” vehicles? Often, the answer has been to export them to regions with less strict vehicle standards.

Overcoming Impediments to Offshore CO2 Storage: Legal Issues in the United States and Canada

Monday, July 1, 2019

Carbon capture and storage (CCS) is a hot-button topic as a strategy to mitigate climate change and reduce greenhouse gas emissions. CCS entails capturing carbon dioxide from the atmosphere and industrial plants at the source, then injecting the captured carbon dioxide into underground geologic formations for storage. Much research has focused on sequestering carbon dioxide onshore, in depleted oil and gas reservoirs or deep saline aquifers. Offshore CCS also may be feasible, but presents several governance and legal challenges.

How Sustainability Efforts and Women’s Advancement Globally Can—and Must—Go Hand-in-Hand

By Cindy Starrett, Partner, Latham & Watkins LLP, Kristina Wyatt, Global Commercial Transactions Senior Counsel Senior Manager, Sustainability Programs, Latham & Watkins LLP, Jennifer Roy, Associate, Latham & Watkins LLP, Samantha Seikkula, Associate, Latham & Watkins LLP, and Melanie Hess, Summer Associate, Latham & Watkins LLP
Friday, June 28, 2019

Climate change threatens to dramatically increase inequality and create greater hardships for women and girls, in large part because of their disproportionately vulnerable economic, social, and political positions worldwide. Food shortages disproportionately affect the health of women and girls, and in many regions, women are more directly dependent on natural resources threatened by climate change for their livelihoods. For instance, a U.N. report observed that in developing countries, women account for 45-80% of all food production, and about two-thirds of the female labor force is engaged in agricultural work. In such developing regions, women face unique vulnerabilities from the increasing unpredictability of food sources as well as the loss of income or jobs if agricultural resources are impacted by climate change.

Fast Fashion: Cutting Corners to Fuel Excessive Consumption

By Kashaf Momin, Research & Publications Intern, and Kaveri Marathe, Founder, Texiles
Wednesday, June 26, 2019

When’s the last time you found yourself idly shopping out of boredom or buying a shirt just because it was on sale? If it was in the last week, then you’re not alone. The average American shopper buys 60% more clothing today than they did just 15 years ago, but keeps it for only half as long. At the end of the year, this results in approximately 80 pounds of unwanted clothing per person!

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?

By Michael R. Campbell, Partner, Stoel Rives LLP, Barbara D. Craig, Partner, Stoel Rives LLP, Cherise M. Gaffney, Partner, Stoel Rives LLP, and Laura Kerr, Associate, Stoel Rives LLP
Monday, June 24, 2019

Frustrated by some states’ use of their Clean Water Act (CWA) §401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration issued the second installment in its efforts to restrict that authority on June 7. The U.S. Environmental Protection Agency’s (EPA’s) Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes  strictly interprets state deadlines under §401 and takes a narrow view of the grounds on which states may deny or condition their approval of projects. The guidance follows an April 10 executive order, and will be followed in August by proposed EPA rules, with final rules by May 2020.

Maps, Mistakes, and Murder: Is Carpenter the Most Critical Environmental Case This Year?

By Kieran Minor, Research & Publications Intern
Friday, June 21, 2019

Several cases before the U.S. Supreme Court this term touched environmental law, ranging from jurisdictional disputes over a state’s right to ban uranium mining to whether state or federal laws apply when hunting moose from a hovercraft along an Alaskan river. An unusual amount of cases navigate the intersection of environmental regulations and tribal sovereignty, the Court so far siding with tribes on the issues of state fuel tax exemptions and hunting rights. One pending case, Carpenter v. Murphy, is not explicitly environmental, but the answer to its core question has potentially seismic environmental implications: is the eastern half of Oklahoma still, technically, an Indian reservation? While the case primarily involves criminal jurisdiction, the degree to which the Court accepts or rejects this question may alter taxation, regulation, and even ownership of one of the most energy resource-rich regions in the country.

Secretary Bernhardt Says He Doesn’t Have a Duty to Fight Climate Change. He’s Wrong.

By John D. Leshy, Emeritus Professor, University of California, Hastings College of the Law Solicitor, Department of the Interior (1993-2001).
Wednesday, June 19, 2019

With the help of the U.S. Congress, the U.S. Department of the Interior (DOI) has had a long and proud history of tackling pressing challenges through responsible and inclusive management of America’s public lands. One might expect it would continue that tradition as climate change has become a major challenge confronting the nation.

How Do We Bounce Back? Defining and Measuring Community Resilience

By Sierra Killian, Research Associate, and Rebecca L. Kihslinger, Senior Science and Policy Analyst
Monday, June 17, 2019

With climate change actively intensifying impacts from natural disasters, it is now more important than ever to design and implement community resilience plans and actions that will minimize damage when disasters occur. To prepare for an increasingly uncertain and fraught future, communities are identifying vulnerabilities, planning for forthcoming disasters, and taking action to become more resilient. But what exactly does resilience mean? What does it mean to be a resilient community? And, importantly, is there a concrete way to measure a community’s progress toward resilience as it is defined by the community so that its members can ensure they are taking appropriate steps to be better able to respond to a new normal?

Leadership of Women in the Environmental Movement

By Helena Kilburn, Educational Programming Intern
Wednesday, June 12, 2019

Women have been leaders in every major movement, though their contributions all too often go unrecognized. The environmental movement is no exception. Women striving toward the betterment of this field have faced many challenges, but through skill and determination, they persevered. The environmental movement is over two centuries long with generations of women shaping policies and laws within the field. This blog features just a handful of the numerous women who paved the way for future environmentally conscious generations.

Proposed Revisions to Improve and Modernize CEQ’s NEPA Regulations

Monday, June 10, 2019

In 2018, the Council on Environmental Quality (CEQ) announced its intentions to revisit and revise its 40-year-old NEPA regulations, following Pres. Donald Trump’s call in Executive Order No. 13807 to modernize the environmental review and authorization process. CEQ issued an advanced notice of proposed rulemaking last June and is now expected to send its proposal to the White House shortly.