Research Reports

ELI publishes Research Reports available for free download that present the analysis and conclusions of the policy studies ELI undertakes to improve environmental law and policy. These reports contribute to education of the profession and disseminate diverse points of view and opinions to stimulate a robust and creative exchange of ideas. Those publications, which express opinions of the authors and not necessarily those of the Institute, its Board of Directors, or funding organizations, exemplify ELI’s commitment to dialogue with all sectors.
Cover Page - October 2024 Update
Margaret Spring, Cecilia Diedrich, Therese Wilkerson, Jack Schnettler
October 2024

The report provides a comprehensive overview of the existing legal authorities the U.S. federal government can leverage to achieve the national goal of eliminating plastic release into the environment by 2040 while safeguarding human health and the environment. Building on the legal framework established by a Congressionally-mandated report from the National Academies of Science, Engineering, and Medicine, the report categorizes federal authorities—spanning executive orders, legislation, regulations, and associated programs—into specific "intervention areas" across the plastic life cycle.

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Cover Page Summary Update
Jack Schnettler
October 2024

The report, Existing U.S. Federal Authorities to Address Plastic Pollution: A Synopsis for Decision Makers, provides policymakers with a comprehensive analysis of how existing federal law may be utilized to address the plastic pollution crisis.

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U.S. Authorities and Considerations for the Global Plastics Agreement
Cecilia Diedrich, Therese Wilkerson
October 2024

As a supplement to our report, Existing U.S. Federal Authorities to Address Plastic Pollution: A Synopsis for Decision Makers, this report offers a concise review of the instruments through which the United States can negotiate and conclude international agreements. The report then describes how existing U.S.

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Analysis of Tribal Consultation Under California SB 18 and AB 52
Greta Swanson , Cynthia Harris, Cecilia Diedrich, Zoe Vogel, Jesse Ferraioli
September 2024

The Environmental Law Institute (ELI) partnered with the National Association of Tribal Historic Preservation Officers, Dr. Jamie Donatuto, and Swinomish Elder Larry Campbell† to evaluate implementation of two Tribal consultation laws in California, Senate Bill 18 (SB 18) and Assembly Bill 52 (AB 52), with an emphasis on the impacts on Native American Tribes.

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Navigating Newly Non WOTUS Wetlands Cover
Rebecca Kihslinger, Therese Wilkerson, Regina Buono, Zoe Vogel, Jack Schnettler, Isabella Blanco, Sofia O'Connor
September 2024

In May 2023, the U.S. Supreme Court, through its majority opinion in Sackett v.

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