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Vibrant Environment

A High Steaks Battle: What Can Legally Be Considered “Meat”?

By Patree (Well) Witoonchart, Research & Publications Intern
Wednesday, July 10, 2019

Does “meat” have to come from a living, breathing animal? According to proponents of cellular agriculture, this may not always be the case. This new industry aims to produce “meat” by growing animal cells outside of a living body, envisioning a future where humans can consume beef, pork, chicken, and seafood without having to slaughter a single animal. The process of producing such cell-based food involves taking cells from a live animal and using a growth medium to grow the cells into large, edible tissue. In recent years, this technology has generated public excitement, attention, and, most importantly, investment. However, regardless of what the products of cellular agriculture look like or when this technology will be fully developed, naming this product is much more complicated.

Are Secondhand Cars Treasure or Trash? Takeaways From the Second INECE Compliance Conversation

By Shehla Chowdhury, Research & Publications Intern
Monday, July 8, 2019

Over the last several decades, many countries have sought to decrease their carbon footprint by creating stricter emissions standards for motor vehicles. However, once these standards are in place, a serious question arises: what should be done with older, “dirtier” vehicles? Often, the answer has been to export them to regions with less strict vehicle standards.

Overcoming Impediments to Offshore CO2 Storage: Legal Issues in the United States and Canada

Monday, July 1, 2019

Carbon capture and storage (CCS) is a hot-button topic as a strategy to mitigate climate change and reduce greenhouse gas emissions. CCS entails capturing carbon dioxide from the atmosphere and industrial plants at the source, then injecting the captured carbon dioxide into underground geologic formations for storage. Much research has focused on sequestering carbon dioxide onshore, in depleted oil and gas reservoirs or deep saline aquifers. Offshore CCS also may be feasible, but presents several governance and legal challenges.

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?

By Michael R. Campbell, Partner, Stoel Rives LLP, Barbara D. Craig, Partner, Stoel Rives LLP, Cherise M. Gaffney, Partner, Stoel Rives LLP, and Laura Kerr, Associate, Stoel Rives LLP
Monday, June 24, 2019

Frustrated by some states’ use of their Clean Water Act (CWA) §401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration issued the second installment in its efforts to restrict that authority on June 7. The U.S. Environmental Protection Agency’s (EPA’s) Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes strictly interprets state deadlines under §401 and takes a narrow view of the grounds on which states may deny or condition their approval of projects. The guidance follows an April 10 executive order, and will be followed in August by proposed EPA rules, with final rules by May 2020.

Maps, Mistakes, and Murder: Is Carpenter the Most Critical Environmental Case This Year?

By Kieran Minor, Research & Publications Intern
Friday, June 21, 2019

Several cases before the U.S. Supreme Court this term touched environmental law, ranging from jurisdictional disputes over a state’s right to ban uranium mining to whether state or federal laws apply when hunting moose from a hovercraft along an Alaskan river. An unusual amount of cases navigate the intersection of environmental regulations and tribal sovereignty, the Court so far siding with tribes on the issues of state fuel tax exemptions and hunting rights. One pending case, Carpenter v. Murphy, is not explicitly environmental, but the answer to its core question has potentially seismic environmental implications: is the eastern half of Oklahoma still, technically, an Indian reservation? While the case primarily involves criminal jurisdiction, the degree to which the Court accepts or rejects this question may alter taxation, regulation, and even ownership of one of the most energy resource-rich regions in the country.

Secretary Bernhardt Says He Doesn’t Have a Duty to Fight Climate Change. He’s Wrong.

By John D. Leshy, Emeritus Professor, University of California, Hastings College of the Law Solicitor, Department of the Interior (1993-2001).
Wednesday, June 19, 2019

With the help of the U.S. Congress, the U.S. Department of the Interior (DOI) has had a long and proud history of tackling pressing challenges through responsible and inclusive management of America’s public lands. One might expect it would continue that tradition as climate change has become a major challenge confronting the nation.

Leadership of Women in the Environmental Movement

Leadership of Women in the Environmental Movement
By Helena Kilburn, Educational Programming Intern
Wednesday, June 12, 2019

Women have been leaders in every major movement, though their contributions all too often go unrecognized. The environmental movement is no exception. Women striving toward the betterment of this field have faced many challenges, but through skill and determination, they persevered. The environmental movement is over two centuries long with generations of women shaping policies and laws within the field. This blog features just a handful of the numerous women who paved the way for future environmentally conscious generations.

Proposed Revisions to Improve and Modernize CEQ’s NEPA Regulations

Monday, June 10, 2019

In 2018, the Council on Environmental Quality (CEQ) announced its intentions to revisit and revise its 40-year-old NEPA regulations, following Pres. Donald Trump’s call in Executive Order No. 13807 to modernize the environmental review and authorization process. CEQ issued an advanced notice of proposed rulemaking last June and is now expected to send its proposal to the White House shortly.

Gender and the Environment

ELI 50th anniversary logo
By Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C., and Lorentz Hansen, Legal Assistant/Paralegal, Acta Group
Friday, June 7, 2019

Many have argued that gender equality and women’s empowerment are essential to advancement in many areas of life, such as business, health, and education. This brief blog post posits that the field of sustainable development and environmental protection are no different. Gender equality and, more particularly, women’s empowerment, are critical to achieving sustainable development across the globe. It is not a one-size-fits-all proposition, and the gender differences and deeply rooted policies that perpetuate inequality differ from region to region.

On the 20th Anniversary of Climate Change Law, Where Do We Go From Here?

ELI 50th Anniversary logo
Friday, May 31, 2019

Any self-respecting environmental lawyer knows, 2019 marks a major anniversary for environmental law: the Cuyahoga River fire of 1969. While we note the anniversary today, I doubt onlookers in Cleveland appreciated at the time that it would give rise to a five-decade era of environmental lawmaking.

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