Environmental Law Reporter

Publisher:
Environmental Law Institute
Publication date:
2022-03-02

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

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