Vibrant Environment


All | Biodiversity | Climate Change and Sustainability | Environmental Justice | Governance and Rule of Law | Land Use and Natural Resources | Oceans and Coasts | Pollution Control

Vibrant Environment offers insight and analysis on emerging environmental law and policy. Blogs are written by ELI staff, partners, and members, though ELI will occasionally accept guest posts. All analysis and opinions expressed are solely those of the individual authors and do not necessarily reflect the views of ELI, the organization, or its members.

For inquiries or to submit a blog, please contact the Blog Editor at blogeditor@eli.org.


Flooded homes in MN, Andrea Booher, FEMA Photo Library

Flooding, storms, and other hazardous conditions cost billons of dollars in damages annually across the United States. Hazard mitigation programs attempt to break the cycle of repeated disaster damage by identifying and addressing a community’s disaster vulnerabilities in anticipation of future events. One such hazard mitigation solution is the voluntary acquisition of flood-damaged properties from their owners, using the federal hazard mitigation grant program and other state and federal grant programs. The acquisition and restoration of these floodplain properties can increase community resilience while improving wildlife habitat, enhancing ecosystem services, and providing much-needed open space and recreational facilities to a community. Buyouts present an opportunity for communities to create public assets while restoring the ecological integrity of the floodplain and strengthening the community’s resilience to future disasters.

smart phone and food

In a Vibrant Environment blog post on February 17, 2017, we provided an overview of the types of approaches that cities and states can use to address the environmental and social justice implications of wasting 40%  of the food that is produced in the United States. We addressed reducing food waste before it happens, but because that is not always possible, we turn now to the next best alternative—rescuing or donating wasted food.

Fracking roads, pipelines, and well pads, Simon Fraser University

Since 2008, there have been numerous reports of drinking water contaminated by hydraulic fracturing, or fracking. Footage from the film Gasland famously showed residents of Dimock, Pennsylvania, igniting water from their taps, arguably demonstrating that methane had migrated into their water sources during the fracking processes.

The Office of the Whistleblower Symbol

With the change in the administration there is renewed interest in whistleblower protections by federal employees. Federal employees who are troubled by what is occurring within their agency should take a moment to better understand their rights and consult with lawyers who are knowledgeable about these complex laws before taking action that could result in adverse employment actions. What turns out to be protected or not protected may surprise you. The starting point to understand federal employee whistleblower rights and some things to watch out for are outlined below.

Native American totem pole, Ketchikan, Alaska, Jeremy Keith

Access to water is a fundamental climate change issue. It is related to significant political, social, and ecological struggles that indigenous peoples face internationally and here in the United States, as recent protests at the Dakota Access Pipeline clearly illustrate. Yet, governments and courts have done little to address such climate change inequities. So argues Dr. Itzchak Kornfeld, the Giordano Research Fellow at the Faculty of Law of the Hebrew University of Jerusalem, in The Impact of Climate Change on American and Canadian Indigenous Peoples and Their Water Resources.

World airline route map, 2009, Jpatokal

Rising levels of global consumption are having significant impacts on biodiversity worldwide. The world is facing its sixth extinction, a massive loss of biodiversity, with extinctions occurring at 100-1,000 times pre-human levels. International trade increases these threats. A Nature article documenting the impacts of trade in thousands of commodity chains concluded that 30% of threats to threatened and endangered species globally were due to international trade. It found that while wealthy countries drive most consumption, the greatest threats to species are found further down the supply chain, in the developing countries that produce the commodities sought after by the richer nations.

Cat on a Union Jack, Colicaranica

Although it’s been several months since the United Kingdom’s populist vote to leave the European Union, it seems as though the U.K. is trapped in a bit of Euro-divorce limbo. Some have even gone as far as to call it “Schrödinger’s Brexit,” invoking quantum physicist Erwin Schrödinger’s famous thought experiment to explain the government’s policy folly. Like the fate of Schrödinger’s cat, Britain’s future is unclear: Article 50 in the Treaty of Lisbon, which delineates the rules for exiting the European Union, has not yet been triggered. In other words, despite the outcome of the popular referendum, Britain has not yet officially declared whether it is leaving the EU.

Wetlands, Svetlana Makarova

Climate change presents immense challenges to coastal communities and to ecosystems affected by sea-level rise, salt water intrusion, changes in average temperature, storm frequency, and species composition. Existing wetland complexes are among the “natural and nature-based features” that currently buffer human communities from catastrophic storm events and that help ecosystems rebound from major stresses and impacts.

U.S. Great Lakes, NASA

There is an alarming new study out, funded by NASA and the National  Science Foundation. It was published in Geophysical Research Letters and announced at the American Geophysical Union fall meeting. Together, these are the heavyweights in climate change research and analysis. Their findings: The world’s lakes are warming at an alarming rate, much faster than the oceans or the atmosphere. The study monitored 235 lakes, spanning six continents and representing half the world’s freshwater supply, for 25 years.

Farmers Market Produce

Strategies for cities and states to reduce food waste can be thought of through the lens of the “Three Rs” of EPA’s Food Recovery Hierarchy—reduction, reuse, and recycling. In food waste terms, the Three Rs mean preventing wasted food at the source, donating wasted food leftovers, and recycling food waste through composting or anaerobic digestion.

The recent ReFED report on reducing food waste quantifies the economic value and diversion potential of different strategies related to each of the Three Rs. According to ReFED, source reduction and donation generate the most economic value per ton of food saved, while food recycling and composting have the potential to divert a much greater quantity of food from landfills.