Vibrant Environment

On August 8, 2017, the D.C. Circuit held in Mexichem Fluor, Inc. v. EPA, No. 15-1328 (D.C. Cir. Aug. 8, 2017), that EPA overstepped its authority under the CAA when it banned the use of hydrofluorocarbons (HFCs) in products. HFCs were adopted as alternatives to ozone-depleting substances (ODSs) in the 1990s under the Montreal Protocol. Their adoption was encouraged through application of EPA's Significant New Alternatives Policy (SNAP) Program, which was created to help implement U.S.

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.

Paris and Los Angeles are set to host the 2024 and 2028 Olympic Games, respectively. Hosting the games will offer these cities the chance to showcase not only their countries’ finest athletes, but also their technological innovation and cultural vibrancy. However, preparing for the Olympics also presents massive infrastructural, economic, and environmental challenges.

As reported previously in the Environmental Law Reporter's Weekly Update, several countries have expressed their desire to move away from vehicles powered by diesel and gas in recent months. Most recently, the British government committed to ban the sale of diesel and gas vehicles from 2040 to curb rising levels of nitrogen oxide.

In mid-July, I traveled to Louisiana with fellow ELI Gulf Team member Teresa Chan to host three workshops with the Restore the Mississippi River Delta coalition. Held in three different parishes, these workshops were intended to help the community meaningfully participate in the “scoping” process for the Mid-Barataria Sediment Diversion by providing some background on the project, explaining what scoping is, and discussing how the public can participate. Nearly 60 people attended the workshops, where there were lots of lively discussions!

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.

Even after lawmakers leave the capital for their August recess, there’s still a summer buzz in the air at ELI’s offices in Washington, D.C. From June through August, nearly every open desk is filled by a volunteer, intern, or law clerk working to further ELI’s mission and support its many programs around the world. This summer, I was fortunate enough to spend a brief three months in the nation’s capital as one of those students. My fellow interns and law clerks hailed from as far as U.C.

When a public company describes the impact of a proposed regulation, it must consider two audiences: regulators and financial markets. It would like to sway the regulator by emphasizing how stringent regulations could cause job losses or reduce investment. But it may wish to convince investors that the company will thrive in the face of any plausible regulatory outcome.

In response to reputational pressures and economic incentives, many companies tailor their product design, purchasing decisions, and management systems to reflect environmental considerations. Because consumers usually can’t observe these benefits in a company’s products or services, firms increasingly turn to environmental certification schemes or “ecolabels” to highlight their achievements.