Vibrant Environment

On October 18th, the Environmental Law Institute hosted its annual ELI Award Dinner. Affectionately known as the “environmental law prom,” over 650 of the best and brightest environmental professionals from across the country descended upon Washington, D.C., to connect with colleagues and honor this year’s winner of the ELI Environmental Achievement Award.

EPA Administrator Scott Pruitt’s “back to basics” agenda for the Agency suggests a renewed focus on the fundamentals of environmental protection. But according to a new article in the November 2017 issue of the Environmental Law Reporter, “Pruitt is not preserving the ‘basics’ of our environmental protection system, but deconstructing them.”

Electronic waste, or e-waste, is the fastest-growing segment of the municipal waste stream. Nearly 100% is recyclable, and valuable materials like plastics, metals, and glass can be recovered. E-waste also can contain toxic materials, like lead, mercury, and arsenic. Worldwide, up to 50 million tons of e-waste is expected to be dumped in 2017. Yet, in the United States, less than 30 percent is recycled.

On September 4-6, the Organization of American States (OAS), UN Environment, the Global Judicial Institute on the Environment (GJIE), the World Commission on Environmental Law (WCEL), the Supreme Court of Chile, and other partners convened the 2nd Inter-American Congress on the Environmental Rule of Law in Santiago, Chile. 

The federal Endangered Species Act (ESA) enjoys considerable popular support and provides enormous ecological and other benefits beyond the protection of particular species. Yet the Act is not without its skeptics—longstanding calls to overhaul the Act have only gained traction in the 115th U.S. Congress and new Donald Trump Administration.

Here at ELI, we’ve seen a growing demand for unbiased answers and analysis on how deregulatory initiatives by the Administration and Congress will impact environmental protection, governance, and the rule of law. To that end, we recently collaborated with the American Bar Association’s Civil Rights and Social Justice Section to publish an ebook to aid understanding of the legal mechanisms that the White House, federal agencies, and Congress are using to change the regulatory approach to environmental, natural resources, and health and safety protections. The book attempts to answer these questions: What are the pathways and potential impacts of these ongoing regulatory changes? What are the opportunities for the public and other stakeholders to engage relative to these initiatives?

Humans are rapidly increasing their industrial use of the ocean and its resources, resulting in great increases in underwater noise. Commercial shipping, naval sonar, seismic exploration, pile driving, acoustic deterrents for fishing, and seabed mining all produce ocean noise.

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).

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.

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.