Ping pong ball
The U.S. Environmental Protection Agency’s Risk Management Program (RMP) rule has undergone notable changes in the past five years, resulting in modifications to significant aspects of the program that coincide with the past three presidential administrations.
Coastline in New York

Managed retreat is deemed by most as a viable adaptation option to climate-related extreme weather events. Yet, the practice is controversial due to the negative impacts it can have on marginalized communities.

Nature path in Gulf Coast

Passed on August 16, 2022, the Inflation Reduction Act commits nearly $370 billion in direct investment to address climate change and energy production.

Aerial view of Capitol building

Developments this past summer—including the U.S. Supreme Court’s decision in West Virginia v. EPA and the historic passage of the Inflation Reduction Act (IRA)—have dramatically reshaped the future of U.S. climate law.

Ocean at sunset

Twenty-five years before Silent Spring, Rachel Carson published her first essay in The Atlantic on the wonders of ocean life. Titled “Undersea,” the piece showcased Carson’s “commitment to making the reader feel something,” reports Anelise Chen in the same magazine 85 years later.

Wisconsin wetlands

Not long after the Clean Water Act (CWA) became the law of the land on October 18, 1972, providing the basic structure for regulating pollutant discharges into the waters of the United States (WOTUS), bureaucratic battle lines were drawn at the newly created U.S. Environmental Protection Agency. 

Wetlands in Washington State

Recent judicial and administrative changes to the scope of the Clean Water Act of 1972 (CWA) have major implications for state regulators. In this month’s issue of ELR—The Environmental Law Reporter, ELI Senior Attorney James McElfish examines the existing legal framework for state protection of nonfederal waters and discusses potential impacts of upcoming federal decisions, including the U.S. Supreme Court’s consideration of Sackett v. Environmental Protection Agency in October. 

US Supreme Court building

When the pandemic started, it seemed you couldn’t turn a page or open an email without seeing “unprecedented” used in one context or another. And it was true—we were in uncharted territory, and among everything else, it was hard not to keep returning to that locution. I clearly remember sending a mass email using the word, thinking I was the first person to stumble upon this apt descriptor; little did I know how ubiquitous it would become.

U.S. Capitol building

I didn’t know when I became editor of the Forum that the era of landmark environmental lawmaking was almost over—with some exceptions that I will duly note. The year was 1990, and the buzz was all about new amendments to the Clean Air Act that would address the scourge of acid rain through the first large-scale test of emissions trading. It was the kind of legislation that is so desperately needed today to address the climate crisis by moving the United States to a renewable energy economy—a monumental task requiring a comprehensive, nation-wide approach.

Carbon and other air emissions

The Environmental Law Institute’s 11th GreenTech webinar held on July 18, “The Role of Carbon Capture (CC) and Direct Air Capture (DAC) Technology in Our Climate Strategy,” couldn’t have been timelier. A week later, on July 27, Democratic negotiators reached an agreement with Sen. Joe Manchin (D-W. Va.) on a proposal that will invest $369.75 billion over the next decade in energy and climate programs, including billions in CC technologies.