
Vibrant Environment
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Yesterday morning, the U.S. Supreme Court heard oral argument in a pair of cases—Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce—that by all accounts have the potential to result in a seismic shift in administrative and regulatory law, including changes for courts, the President and federal agencies, Congress, and the public.

Starting with the January/February 2024 issue, the Environmental Forum has a change: “The,” capitalized and in italics, is no longer part of our name—too 20th century, to be frank. This change comes as a result of celebrating our 40th anniversary with this issue, a time for reflection as to the foundational purposes behind this publication and to honor the roster of leading professionals who have made it possible.

It will surprise no one that Inflation Reduction Act implementation is a critical priority for 2024. Eighteen months after the IRA was signed, we’re starting to see the shape, scale, and strategy of some of its programs, and how its nearly $400 billion is being put into play to help realize the transition to a clean energy economy.

The Environmental Law Institute researches local government best practices on climate mitigation and adaptation. In conjunction with this work, ELI develops model policies and ordinances as well as participates in convenings that produce recommendations such as Mayor Cooper's Sustainability Advisory Committee 2021 Report on the Metropolitan Government of Nashville and Davidson County's Climate Change Mitigation Action Plan.

The impacts of climate change are being felt throughout all regions of the United States and are expected to worsen with every fraction of a degree of additional warming. Those were some of the headline takeaways from the Fifth National Climate Assessment (NCA5), published November 14, 2023.

NRDC and the Environmental Law Institute (ELI) recently released a Model Ordinance Establishing a Pay-As-You-Throw (PAYT) Program for Residential Municipal Solid Waste that can help municipalities reduce the amount of municipal solid waste (MSW) sent to landfills and incinerators and, at the same time, institute more transparent, efficient, and fair pricing for residential waste management.

Household recycling can reduce demand for virgin materials, limit waste sent to landfills, and lessen the cost of producing metal-, glass-, and paper-containing products. Understanding the policies most conducive to promoting recycling is key to success. The November 2023 issue of ELR—The Environmental Law Reporter looks at the efficacy of state and local recycling policies and identifies contexts where the greatest improvements are possible. Using the most comprehensive data set on U.S. household recycling behavior, authors Joel Huber, W.


On May 25, the U.S. Supreme Court eliminated a major swath of CWA protections when it issued its decision in Sackett v. Environmental Protection Agency. In the Court’s view, the CWA extends to only those "wetlands with a continuous surface connection to bodies that are 'waters of the United States' in their own right," such that they are indistinguishable from those waters.

“Something Was Messing With the Earth’s Axis. The Answer Has to Do With Us.” I have to take that headline in the New York Times personally, as a potentially responsible party more at fault and liable for damages than most.