Vibrant Environment

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.

Candidly, I gave up making New Year’s resolutions long ago. We all know about the January spike in gym memberships that falls off a cliff come March. On the other hand, I always look forward to spending time in December looking back and pondering priorities for the year to come. Here are a few of the things starting to circle in my mind.

The Inflation Reduction Act’s (IRA’s) increase of the 45Q tax credit has created a bonanza around carbon removal.

This is Part 2 of a two-part blog series on environmental audits/assessments. The below article discusses the key characteristics of a robust assessment program. To learn more, check out the latest edition of ELI’s Law of Environmental Protection.

What are the key characteristics of a robust assessment program?

It’s a fact recognized by every well-behaved child: the attention always goes to the misbehaving sibling or classmate. Similarly, companies with strong environmental audit/assessment programs rarely receive much acclaim, despite publicizing their efforts in great detail. And why should they? These gold-star companies have minimal interaction with the enforcement arms of federal and state agencies.