Environmental Law Reporter
- Publisher:
- Environmental Law Institute
- Publication date:
- 2022-03-02
Issue Number
- No. 53-10, October 2023
- No. 52-8, August 2022
- No. 52-7, July 2022
- No. 52-6, June 2022
- No. 52-5, May 2022
- No. 52-4, April 2022
- No. 52-3, March 2022
- No. 52-2, February 2022
- No. 52-1, January 2022
- No. 51-8, August 2021
- No. 51-7, July 2021
- No. 51-6, June 2021
- No. 51-5, May 2021
- No. 51-4, April 2021
- No. 51-3, March 2021
- No. 51-2, February 2021
- No. 51-1, January 2021
- No. 50-12, December 2020
- No. 50-11, November 2020
- No. 50-9, September 2020
Latest documents
- The Business of Sustainability
- Extracting Environmental Harm From Deep Seabed Mining
The Metals Company (TMC), sponsored by the Republic of Nauru, has made public its intention to be the first company to exploit polymetallic nodules, which contain minerals needed for electric batteries, from the deep ocean's seabed. Nongovernmental organizations and national governments have objected to these proposed actions, with many calling for an outright ban. This Article offers a case study evaluating the parties' respective claims in favor of, and in opposition to, permitting the proposed mining activities under the current legal framework. Specifically, it evaluates the validity of the two-year treaty deadline; protection of the marine environment; and sharing of knowledge and resources. It concludes by arguing that mining activities should not proceed unless and until regulations are in place that ensure the protection of the marine environment and benefit humankind as a whole
- NEPA Litigation Over Large Energy and Transport Infrastructure Projects
Despite five decades of experience, there is a considerable gap in legal and empirical study on the impacts of the National Environmental Policy Act (NEPA). Proponents of reform often claim NEPA litigation is a major obstacle for federal actions; others have concluded litigation is not a major contributor of project cost escalation or delays. This Article studies the incidence and conditions of infrastructure project litigation under NEPA, using a data set of 355 major transportation and energy infrastructure projects that completed a federal environmental study between 2010 and 2018. We observe predevelopment litigation on 28% of the projects requiring an environmental impact statement, 89% of which involve a claim of a NEPA violation. The highest litigation rate is in solar energy projects, nearly two-thirds of which are litigated. Other high-litigation sectors include pipelines (50%), transmission lines (31%), and wind energy projects (38%). Energy sectors with greater private financing have shorter permit durations and higher rates of litigation and cancellation, but also higher completion rates relative to transport sectors, which have greater public financing and lower litigation rates but longer permit timelines
- In case you missed it...
- Recent journal literature
- Economy-Wide and End-Use-Sector CO2 Emissions Reductions From 2005 for the IRA and No-IRA Scenario
- The Environmental Justice Impacts of Plastic Pollution
Plastic pollution is a global environmental problem with a disproportionate impact on marginalized communities and other vulnerable groups. On June 27, 2023, the Environmental Law Institute (ELI), ELI's Women in Environmental Law & Leadership initiative, the Monterey Bay Aquarium, and WilmerHale co-hosted a panel of experts who explored the environmental justice implications of continued production and disposal of plastics, and addressed key domestic and international policy efforts. Below, we present a transcript of that discussion, which has been edited for style, clarity, and space considerations
- Sackett and the Unraveling of Federal Environmental Law
- Reflections on Dr. Lee's Turning Participation Into Power
- Dual Purpose Outreach to Enhance Public Participation in Environmental Decisionmaking
Featured documents
- Federal Grazing Lands as 'Conservation Lands' in the 30 by 30 Program
- The BP B1 Bundle Ruling: Federal Statutory Displacement of General Maritime Law (Part I)
- The Bear Essentials: How Landscape-Level Conservation May Help Save Florida's Biodiversity and Realize the Vision of the National Wildlife Refuge System Improvement Act
The express mission of the National Wildlife Refuge System “is to administer a national network of lands and waters for conservation, management, and where appropriate, restoration of the fish, wildlife and plant resources and their habitats within the United States.” But the establishment of...
- Environmental Rights, Public Trust, and Public Nuisance: Addressing Climate Injustices Through State Climate Liability Litigation
- Confronting Disproportionate Impacts and Systemic Racism in Environmental Policy
Understanding and operationalizing the concept of disproportionate impacts are critical to the next generation of environmental justice (EJ) practice. This Article charts a pathway to better defining, articulating, and analyzing disproportionate impacts in a manner that is empirically based,...
- In case you missed it...
- Of Constitutions and Cultures: The British Right to Roam and American Property Law
In 2000, England enacted the Countryside and Rights of Way Act, which provides the public the right to roam on certain private lands without compensation to the landowners. There are many constitutional and cultural-historical issues pertinent to importing this right to roam into the United States, ...
- Global Perspective on Climate and Energy Justice
The first biennial symposium of the Institute for Global Understanding at Monmouth University was held March 25-27, 2021. The symposium assembled experts from the government, nonprofit, academic, community, and private sectors to examine topics at the intersection of human rights and the...
- The Reasonable Investor and Climate-Related Information: Changing Expectations for Financial Disclosures
- Gunderson v. State: The Indiana Supreme Court Strengthens the Public Trust Doctrine's Potential for Conservation in the Great Lakes
The Indiana Supreme Court recently delivered a landmark public trust decision, Gunderson v. State, ruling that the state acquired and still owns Indiana's bed of Lake Michigan below the ordinary high water mark, including exposed shores, and that it holds that bed in an inalienable trust for public ...