ELI Primary Menu

Skip to main content

Vibrant Environment

The Death of Public Citizen in Pipeline NEPA Analysis

A natural gas pipeline under construction (Photo: Wikimedia Commons).
By Howard Nelson, Shareholder, Greenberg Traurig, Kenneth M. Minesinger, Shareholder, Greenberg Traurig, and Gus Howard, Attorney, Greenberg Traurig
Monday, September 11, 2017

Last month, the D.C. Circuit held in a 2-1 opinion that FERC was required to consider the downstream emissions created by power plants to be served by a proposed pipeline in Florida. The case not only raises questions about the scope of FERC’s NEPA review for new natural gas pipeline projects, but also about the application of the U.S. Supreme Court’s decision in Department of Transportation v. Public Citizen, 541 U.S. 752 (2004).

FIFRA at 40: The Case for Stronger Criminal Penalties

Farm workers are at high risk of harmful pesticide exposure (Photo: Aqua Mech.)
Wednesday, September 6, 2017

In 2010, two sisters—ages 1 and 4—died after licensed exterminators misapplied pesticides too close to their home. In 2011, roughly 60 dead mammals and migratory birds were found on and near a private hunting preserve after pesticides were unlawfully applied in hopes of killing coyotes. And in 2015, an entire family was hospitalized, and now suffers from neurological damage, following the improper pesticide fumigation of their house. Yet, the perpetrators in each of these cases were only charged with misdemeanors.

Is Marijuana the Next Big Thing? Environmental Opportunities in the Cannabis Sector

A cannabis sativa plant (Photo: Wikimedia Commons).
By Dave Rejeski, Director; Technology, Innovation and the Environment Project
Wednesday, August 16, 2017

What is the most valuable crop in California? It isn’t almonds ($5.3 billion), strawberries ($1.8 billion), or grapes ($1.3 billion), but cannabis, now worth around $17 billion annually. In fact, cannabis is presently the fastest growing industry in the United States with over 30 percent per year compound growth according to preliminary 2016 revenues reported in Colorado by the Marijuana Enforcement Division.

Summer With ELI

Every summer, new interns, law clerks, and experts join ELI in Washington, D.C.
By Ian Faucher, Research and Publications Intern
Monday, August 14, 2017

Even after lawmakers leave the capital for their August recess, there’s still a summer buzz in the air at ELI’s offices in Washington, D.C. From June through August, nearly every open desk is filled by a volunteer, intern, or law clerk working to further ELI’s mission and support its many programs around the world. This summer, I was fortunate enough to spend a brief three months in the nation’s capital as one of those students. My fellow interns and law clerks hailed from as far as U.C.

Mixed Messages in the Corporate World

Featured News & Analysis Article
Wednesday, August 9, 2017

When a public company describes the impact of a proposed regulation, it must consider two audiences: regulators and financial markets. It would like to sway the regulator by emphasizing how stringent regulations could cause job losses or reduce investment. But it may wish to convince investors that the company will thrive in the face of any plausible regulatory outcome.

Private-Sector Governance: Untangling Environmental Standards

An array of eco-labels, such as EKOenergy, certify environmentally friendly prac
By Ian Faucher, Research and Publications Intern
Monday, August 7, 2017

In response to reputational pressures and economic incentives, many companies tailor their product design, purchasing decisions, and management systems to reflect environmental considerations. Because consumers usually can’t observe these benefits in a company’s products or services, firms increasingly turn to environmental certification schemes or “ecolabels” to highlight their achievements.

D.C. Circuit Rules That EPA Cannot Delay Enforcement of Methane Rule

A natural gas drilling rig on the Pinedale Anticline, Wyoming (Photo: BLM)
By Robert Kelsey, Associate Editor, Environmental Law Reporter
Wednesday, July 19, 2017

On July 3, 2017, the D.C. Circuit ruled against the Trump Administration in Clean Air Council v. Pruitt, holding that it could not delay an EPA rule limiting methane pollution from oil and gas drilling. The 2016 rule was part of the Obama Administration’s regulatory strategy to reduce emissions of methane, a greenhouse gas roughly 25 times more powerful than carbon dioxide.

Measuring What is Meaningful: INECE Convenes Discussion Series on Performance Measurement for Environmental Compliance and Enforcement

EPA's Real-Time Water Quality Monitoring Buoy (U.S. EPA)
By Emmett McKinney, Research Associate
Thursday, July 13, 2017

In 2009, the New York Times Magazine published a story about the professional basketball player Shane Battier, dubbed the “No Stats All Star.” In terms of the sport’s most often cited statistics—points, rebounds, assists, steals—Battier was no standout. Nonetheless, each successive team that Battier joined won significantly more games the following season.

Deep Decarbonization and the Paris Aftermath

Implementing utility-scale renewable energy resources will require overcoming se
Monday, July 10, 2017

Despite President Trump’s decision to withdraw the United States from the Paris Agreement, U.S. cities and states, as well as nations around the world, remain committed to addressing climate change, in many cases stepping up their efforts. But even had Trump decided otherwise, the Paris Agreement would not do enough to reduce the risk of catastrophic climate change.

Pennsylvania Supreme Court Rules That Shale Gas Revenues From State Forests and Parks Must Be Spent on Conservation

A Marcellus shale gas-drilling site along Route 87, Lycoming County, PA.
By James M. McElfish, Jr., Senior Attorney; Director, Sustainable Use of Land Program
Wednesday, July 5, 2017

In a landmark decision issued June 20, the Pennsylvania Supreme Court confirmed that Pennsylvania’s Environmental Rights Amendment, adopted in 1971, creates a “public trust” in Commonwealth resources as the “common property of all the people including generations yet to come.”