ELI News

ELI Handbook Supports Obama’s and Rockefeller’s Call for Developing a Federal Marine Spatial Planning Framework

Ecosystem-based management is a key strategy for comprehensively managing the nation’s ocean and coastal environment. ELI’s new Ocean and Coastal Ecosystem-Based Management: Implementation Handbook summarizes central concepts and suggests options for overcoming implementation challenges. The Handbook provides examples of existing and potential approaches to “comprehensive, integrated, and ecosystem-based” management of ocean and coastal resources including marine spatial planning.According to Dr. Kathryn Mengerink, Director of ELI’s Ocean Program, “The recent call to action by Senator Rockefeller and President Obama’s creation of a marine spatial planning task force demonstrate the growing support for a federal framework that can bolster implementation of ecosystem-based approaches to managing our nation’s ocean resources. We hope that our EBM Implementation Handbook and related ELI law and policy resources will help inform these important efforts.” View the press release.

U.S. Senators Mark and Tom Udall to Receive Annual ELI Award

ELI is proud to announce that U.S. Senators Mark Udall of Colorado and Tom Udall of New Mexico will be the joint recipients of the 2009 ELI Award for Achievement in Environmental Law, Policy, and Management. The award honors each of them—who are first cousins—for advancing environmental protection in their professional and public service activities. “ELI’s decision to honor Senators Mark and Tom Udall at its 40th Anniversary Dinner recognizes the legacy of the past as well as the challenges of the present and future‚” stated ELI President, Leslie Carothers. “The two new Senators follow in the footsteps of their fathers who received the ELI Award in 1993.“ Mark’s father, Morris “Mo” Udall served in the U.S. House of Representatives for 30 years and ran for the Democratic nomination for President in 1976. Tom’s father, Stewart Udall, served as Secretary of the Interior under U.S. Presidents Kennedy and Johnson. The elder Udalls inculcated the principles of environmental stewardship in their sons when the modern environmental movement was new and served as role models for their future careers and environmental leaders.

The Clean Water Act and the Constitution, 2nd Edition

In this second edition of a landmark book, author Robin Kundis Craig explores the structural implications for water quality regulation when the primary federal statute for regulating water quality—the Clean Water Act—operates in a context complicated by a variety of constitutional requirements and dictates. This second edition thoroughly updates the first edition, particularly in areas where the Supreme Court has issued significant new decisions. It includes discussions of the Court’s 2006 decision in Rapanos v. United States plus the important recent developments in Commerce Clause jurisprudence. Other noteworthy additions include Clean Water Act takings jurisprudence, new discussions of “increased risk” as a basis for citizen suit standing, and the issue of state citizen suit standing after Massachusetts v. EPA. Click here for more details and ordering information.

Key Indicator Classes Help Determine Wetlands Condition

In February 2009, the U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration published Status and Trends of Wetlands, which noted a loss of more than 350,000 acres of coastal wetlands in the United States between 1998-2004, while at the same time reporting an overall gain in wetland acreage. Building on the challenges presented by FWS Status and Trends reports over the years, the U.S. EPA began the National Wetlands Condition Assessment process in 2006 to determine how healthy and effective our wetlands are—a key component in interpreting data that shows both hopeful gains and worrying losses. In the May-June issue of the National Wetlands Newsletter, EPA reports that the process of assessing the nation’s wetlands has yielded initial indicator classes for determining wetland condition. While far from the final peer-reviewed report, wetlands scientists are buzzing at the potential.

Winner named in the fourth annual “Endangered Environmental Laws” Student Writing Competition

Shawn LaTourette, a third–year student at the Rutgers School of Law–Camden, was named the winner of the fourth annual ELI–ABA–-NAELS ”Endangered Environmental Laws” Student Writing Competition. Mr. LaTourette’s winning entry, Run Aground Again: The Exxon Valdez’s Collision with the Supreme Court’s Punitive Damages Jurisprudence, explores the evolving limitations on punitive damages in the Supreme Court as a matter of both substantive due process and federal common law, as illustrated in the Exxon Valdez case. “This article provides a well-grounded analysis of punitive damages jurisprudence in the Supreme Court, with important implications for future environmental and natural resource cases,” said ELI Senior Attorney Jay Austin. Shawn will receive a $2000 cash award and an offer of publication in the Environmental Law Reporter (ELR®), ELI’s flagship journal and the most often cited law review covering environmental and natural resource issues. Click here to view the press release, or visit www.endangeredlaws.org.

20th Anniversary National Wetlands Awards Winners Honored on May 12

The seven winners of the 2009 National Wetlands Awards were recognized at an evening ceremony on May 12, 2009, at the Cannon House Office Building in Washington, DC. The ceremony marked the 20th anniversary of the Awards program. U.S. Senator Sheldon Whitehouse (RI) deliver the keynote address. The winners of the Awards demonstrate how citizens and communities can—and do—make a difference. “Congratulations to these individuals, who exemplify the finest in wetland stewardship across the country‚” said Michael Shapiro, Acting Assistant Administrator, Office of Water, U.S. Environmental Protection Agency. The Awards are given to individuals and families who make significant contributions to protecting and enhancing these essential natural resources. Awardees are selected by a diverse group of wetland professionals from around the country. See the press release for information about the winners and ceremony schedule.

ELI Turns 40

The Environmental Law Institute was founded on December 22, 1969, the same day that the National Environmental Policy Act was passed by the U.S. Senate. In 2009, as we celebrate our 40th anniversary, ELI can look back over the past four decades and relish how we and our many partners have improved the way the world protects and sustains our waters, lands, and the livelihoods dependent on them. During 2009, ELI is hosting a series of events to celebrate our accomplishments and chart our course toward the future. The major focus of the anniversary is a two-phase campaign to create a New Vision and Future Challenges Fund. The fund will help ELI develop new environmental law, policy and management solutions that address major challenges the world is facing.