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Vibrant Environment

INECE Launches Compliance Conversations

By Avital Li, Research Associate, Taylor Lilley, Public Interest Law Fellow, and Jessica Foster, Research & Publications Intern
Wednesday, February 6, 2019

The global community of agencies and NGOs working in the field of environmental compliance and enforcement has grown substantially in recent years, yet many practitioners remain isolated from others working in the field.

As our understanding of the underlying drivers of environmental compliance and non-compliance deepens, a need arises for creative and unconventional collaboration tools. The recently released UN First Global Report on the Environmental Rule of Law examining the current status of environmental laws highlights... 

Rise of the Shadow ESG Regulators

Monday, February 4, 2019

“Corporate social responsibility” (CSR) has had a mixed reputation on its efforts to achieve environmental protection. Some view the rise of interest in CSR positively, especially as traditional methods of government regulation are hampered by political gridlock and not always up to date with the fast-paced development of current technologies. Others view CSR as “greenwashing,” allowing businesses to reap the benefits of being “green” without actually delivering positive impact for the environment.

Fourth Circuit Vacates Permits Authorizing Pipeline Construction in National Forest

By Hunter Leigh Jones, Associate Editor, ELR
Wednesday, January 30, 2019

On December 13, 2018, the U.S. Court of Appeals for the Fourth Circuit vacated permits issued by the U.S. Forest Service authorizing a pipeline, known as the Atlantic Coast Pipeline, to be constructed across two national forests and the Appalachian Trail. The Atlantic Coast Pipeline is a proposed 604-mile natural gas pipeline that would stretch from West Virginia to North Carolina.

Oil Spill Kicked Off Anti-Pollution Era

By Stephen R. Dujack, Editor, The Environmental Forum®
Monday, January 28, 2019

“In 1969 the signs of . . . concern were everywhere,” writes John Quarles, EPA’s first deputy administrator, in the opening chapter of his invaluable memoir Cleaning Up America. These signs “were manifest in the outcry against the Santa Barbara oil spill,” which happened on January 28, 1969, just eight days after Richard Nixon’s ascent to the White House. There followed in close order a series of epochal events every month of that year. “Suddenly, in cities across the country, citizen environmentalists campaigned. . . . People were demanding a change in the old policy toward the nation’s resources.”

Feeling the Burn: the Future of California’s Electric Utilities and Homeowners Insurance in Continual Wildfire Season

By Sierra Killian, Research Associate
Wednesday, January 23, 2019

Months after the devastating Camp, Woolsey, and Hill fires in California, the fallout of the blazes continues to rock the state. In the past month, PG&E, the state’s largest electric utility, transitioned out several top executives, had its credit rating downgraded to junk status, and was mandated to inspect its entire electric grid in a sharply worded court order. Last week, the company announced plans to file for bankruptcy by January 29. Citizens, insurance companies, and the state government are also feeling the heat as expected damage costs rise and climate change intensifies the frequency of wildfires. The strain on California’s public and private institutions foreshadows the difficult decisions to come across the fire-prone American West.

Will the Current EPA be Able to Effect Lasting Air Permitting Reforms?

By Amy M. Marshall, Vice President, Americas Air Quality Practice Director, AECOM
Wednesday, January 16, 2019

The regulations, guidance documents, and policy memos that implement the Clean Air Act (CAA) have gotten longer and more complicated over the decades. This increased complexity has created greater compliance burdens for the regulated community, and the argument persists that it has stifled economic growth and not produced health benefits that equal or surpass the burdens imposed. Air quality has dramatically improved over the past 40 years, yet many current air quality standards are now at levels approaching the ambient background.

Insight on Compensatory Mitigation: Progress and Opportunities

Monday, January 14, 2019

Natural resource mitigation—avoiding impacts to important species and habitat, minimizing impacts, and then providing offsets for remaining, residual impacts—is a valuable tool for developers and agencies to comply with the requirements of the National Environmental Policy Act, a variety of federal statutes that regulate impacts to important wildlife species and habitat, and/or public land management statutes requiring that uses of public lands be balanced with protection and conservation.

Independent Oversight and the Rule of Law

By Scott Fulton, President, Environmental Law Institute
Wednesday, January 9, 2019

There has been a good deal of focus of late on the role of independent oversight in the administration of government operations. Sometimes oversight mechanisms are created in an ad hoc manner in response to particular issues, as with the appointment of an independent counsel. More often it proceeds under the established system of checks built into law to help ensure transparent, effective, and ethical effectuation of government authorities and duties.

The Future of the Amazon Under Bolsonaro

By Avital Li, Research Associate
Monday, January 7, 2019

On the campaign trail, Brazilian President Jair Bolsonaro promised to eliminate existing protections of the Amazon. Despite some restrictions on his power to fulfill those promises, his administration will have a huge role to play in determining the delicate future of the earth’s largest rainforest, 65% of which is located within Brazil’s borders. Indeed, limiting the ability of agencies to enforce existing laws is more than sufficient to enable the proliferation of illegal logging, farming, and mining in the rainforest.

Tuning the Old Piano

By Scott Fulton, President, Environmental Law Institute
Wednesday, January 2, 2019

Welcome to 2019, a year that stands to be both stimulating and challenging, taking into account all that is happening in our sphere. It also promises to be a year that is deeply reflective for ELI, as we celebrate the Institute's 50th anniversary—50 years of building effective governance and rule of law for environmental protection. The idea around which our programing for the year will be organized is "building on the past to secure the future," and, as you can discern from our website, we will have under this broader rubric a monthly theme and focus. January's theme is pollution prevention.

All blog posts are the opinion of its author(s) and do not necessarily reflect the views of ELI the organization or its members.