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Vibrant Environment

Business Intelligence Within the U.S. Coal Combustion Residuals Market, Part 1

By Mark Rokoff, AECOM Senior Vice President of Environment, John Priebe, AECOM Co-Leader of CCR Management Practice, and Dave Cox, FirmoGraphs Founder
Wednesday, November 6, 2019

Although it may not be a trending cocktail party topic, coal ash compliance activities are certainly well-known in the legal and environmental risk management community. Billions of dollars are at stake for the owners and operators of coal power plants impacted by the 2015 Disposal of Coal Combustion Residuals (CCR) rule.

Educating Judges for the Climate Litigation of Today and Tomorrow

By Scott Fulton, President, Environmental Law Institute
Wednesday, October 30, 2019

Some months back, I received a visit from two leaders in the climate science and sustainable energy arena: the former president of Climate Central, Paul Hanle, and David van Hoogstraten, who had just left his position as director of federal environmental regulatory affairs at BP America.

Wetlands Then and Now: Nominations for the 31st National Wetlands Awards Now Open

By Dominic Scicchitano, Research Associate
Wednesday, October 16, 2019

During the 19th century’s period of rapid population growth, America’s wetlands were largely considered to be an eyesore and an obstacle to development. These were bodies of water that needed to be drained in order to make way for agriculture, buildings, and major roadways. The successive Swamp Land Acts of 1849, 1850, and 1860 turned titles of federally owned swamp and “overflowed” land over to states, who in turn agreed to drain the land to make it fit for cultivation.

Juliana Studies Abroad: Lessons From Global Climate Change Litigation

By Kieran Minor, Research & Publications Intern
Wednesday, October 9, 2019

Greta Thunberg’s arrival in New York last month was highly publicized. So was her choice to travel via a “zero-emissions” yacht and her speech before the U.N. General Assembly. What many missed was that she also filed a complaint against five countries over their climate negligence during her visit. But before Greta, there was (is) Juliana (well, Kelsea). Kelsea Cascadia Rose Juliana is the leading plaintiff in Juliana v. United States, otherwise known as the Youth Climate Case. Supported by the nonprofit organization Our Children’s Trust, Juliana and 20 other youth plaintiffs sued the U.S. government in 2015 over its lack of action to combat climate change. Greta and Juliana’s cases are among a small but growing docket of climate-related litigation around the globe, cases that may become the Marbury v. Madison of climate case law.

A Tax by Another Name? EPA’s Existing Authority to Impose a Carbon User Fee

Monday, October 7, 2019

A number of bills have been introduced in recent years to price greenhouse gas (GHG) emissions via a federal carbon tax. These proposals proceed from the implicit assumption that the federal government in general, and the U.S. Environmental Protection Agency (EPA) in particular, does not already have such authority. But this assumption, according to former EPA Assistant Administrator and General Counsel E. Donald Elliott, is incorrect.

Carbon Pricing Drives Innovation

Friday, October 4, 2019

The easiest way to reduce emissions is to avoid producing them in the first place. Because a carbon fee makes it more profitable to avoid carbon emissions, it encourages businesses and individuals to conserve energy, reduce emissions, and develop innovative technology.

Climate Gentrification and Resilience Planning: What Is at Stake for At-Risk Communities?

By Anna Beeman, Research Associate
Wednesday, September 18, 2019

It is estimated that over 800 million people will be at risk from the impacts of rising sea levels by 2050, concentrated among 570 coastal cities across the world. Some of these cities have already started to experience the impacts of sea-level rise and storm surges, which has catalyzed efforts by governments and individuals to begin preparing for more projected effects.

In Search of "Bricklayers": Building and Reinforcing the Foundations of Private-Sector Sustainability

Wednesday, September 4, 2019

I have a confession: I can’t stand the “what’s your occupation” question—credit card applications, cocktail parties, whatever. I find it limiting and often irrelevant. Truth be told, I haven’t known how to answer the question for years. “Environmental, Health, and Safety Executive?” “Sustainability Leader?” “ESG Champion?” The reality is that my default answer has become “recovering environmental lawyer” but I worry that’s insensitive . . . !

Environmental Law Is On the Move

By David J. Hayes, Executive director, State Energy & Environmental Impact Center, New York University School of Law
Friday, August 23, 2019

50-year celebrations typically feature nostalgic reminiscings about a great run, as with golden wedding anniversaries, or a gauzy look back at a humble beginning for a now-mature organization.

The Environmental Law Institute’s 50th year celebration is different.

Spotlight on Judicial Training: Science in the Courts

By Helena Kilburn, Educational Programming Intern, and Anna Beeman, Research Associate
Wednesday, August 21, 2019

Judges rely on precedential case law and legal interpretation in issuing their decisions, but with an increasing number of court cases relying on scientific evidence, judges must also understand the science to ensure a sound judicial process. Accurately deciding such cases not only determines the case at hand, but could set the precedent for similar cases in the future.

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