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Highlighting Innovative Legal Scholarship Proposals: Environmental Law and Policy Annual Review 2023

Each year, the Environmental Law and Policy Annual Review (ELPAR)—a collaboration between Vanderbilt University Law School (VULS) and ELI— identifies some of the year’s best academic articles that present legal and policy solutions to pressing environmental problems.

By formally recognizing the Right to a Clean, Healthy, and Sustainable Environment through two separate resolutions in 2022, the United Nations has set the stage for a more just and inclusive world. Big headlines like this often overlook all the background work necessary to make it happen. That’s what makes the 2023 UN Human Rights Prize incredibly exciting.

Fresh fish in Lincoln, Nebraska. Atlantic Salmon born and raised in America for an American market. Thriving aquatic ecosystems in the Mediterranean Sea, currently the world’s most overfished sea. Realizing these visions are trademark promises made by the land-based aquaculture (LBA) industry.

Water is life. All living things depend on water; human society depends on water. We need water for drinking, sanitation, food security, biodiversity, sustainable development—truly everything. Even though water is necessary for life, so many of us lack access to water. Water scarcity and water pollution are worsening, all while water demand is increasing.

The conference at Airlie House in September 1969 produced the Environmental Law Institute and Law and the Environment, a book of the papers presented at the meeting. Though published by one of ELI’s fiscal sponsors, it demonstrates that from its very beginning, ELI was at the forefront of environmental law. ELI and the American Law Institute began their collaboration educating attorneys about environmental law in 1970.

On May 25 the Supreme Court, ruling in Sackett v. EPA, sharply limited the scope of the federal Clean Water Act’s protection for the nation’s waters. The Court redefined the Act’s coverage of “waters of the United States” (WOTUS), which has been hotly contested since the Court’s previous 2006 decision in Rapanos v. United States.

In 1970, Pres. Richard Nixon issued Reorganization Plan No. 4, creating the National Oceanic Atmospheric Administration (NOAA), and Reorganization Plan No. 3, establishing the U.S. Environmental Protection Agency (EPA).

On April 6, 2023, the Biden Administration launched a substantial effort to revise procedures that govern how federal rules are reviewed, revised, and approved within the federal administrative process. A new Executive Order entitled Modernizing Regulatory Review (E.O. No. 14094) makes revisions to longstanding E.O. No.

One of my roles as ELI’s International Envoy is serving on the Steering Committee of the new Climate Crisis Commission established by the International Union for the Conservation of Nature (IUCN). For those of you unfamiliar with the IUCN, it is a fairly unique international NGO with an extensive interdisciplinary and cross-sectoral membership base that includes governments, other NGOs, practitioners, academics, and the like.

The soft voice of the public radio host replaced the fading Ella Fitzgerald song as I drove up to the Silver Spring metro station. She announced that it was International Women’s Day. I smiled at the coincidence, as I was about to meet two Ugandan women, civil society leaders, on a recent, cold, overcast spring day. Who knew what a bright morning laid ahead.