ELI In the News
After three years of high-stakes analysis and sometimes-clamorous rhetoric over environmental and community impacts, four possible courses of action remain on the table for dealing with heavy traffic on the Chesapeake Bay Bridge in Maryland. The Maryland Transportation Authority in August proposed three possible routes for a new span, which would be the third to cross the Bay in the state. The agency also included a so-called “no-build” option — managing the congestion without constructing a new bridge. . . .
The question of which streams, lakes, wetlands and other water bodies across the U.S. should receive federal protection under the Clean Water Act has been a major controversy in environmental law over the past 20 years. The latest twist came on Sept. 9, 2019, when U.S. Environmental Protection Agency Administrator Andrew Wheeler and Army Assistant Secretary R.D. James signed a final rule repealing the Obama administration’s “Clean Water Rule.” . . .
EPA’s proposal to scale back state authority under Clean Water Act (CWA) section 401 to review whether federally permitted projects will harm state water quality standards is likely to prompt “lots of litigation” from states and environmentalists, if finalized, that could last for years, according to a former EPA attorney and other lawyers. “It’s going to be a mess for a long time,” Mark Ryan, who spent 24 years as one of EPA's leading CWA experts and chief trial attorneys, said of expected litigation challenging any final CWA 401 rule. . . .
Despite EPA's ongoing efforts to roll back environmental regulations, officials with the Trump administration say they are continuing longstanding efforts to encourage more stringent protections in China but warning that the work faces significant hurdles thanks to core differences in the countries’ legal systems. The ongoing work by EPA and the Department of Justice (DOJ) to export American-style environmental rules showcases an avenue for the White House to bolster protections on a worldwide scale even while cutting rules domestically. But it is unclear how any pollution reduction gains from that international work could potentially offset what critics say are the adverse environmental impacts of regulatory rollbacks in the United States. . . .
For some, human rights are not enough - it’s nature’s turn, now. In a growing global movement, environmentalists are trying a new legal route to protect the planet - vesting rivers, reefs and threatened habitats with “rights of nature” that override the long-held human right to harm. Supporters say they are starting to notch victories and see momentum growing, particularly as the rising effects of climate change spur an openness to untried strategies. Critics call the efforts unwieldy, ineffective - or illegal. . . .
Outdoor gear maker Patagonia Inc. will receive the Environmental Law Institute's top award this year, the nonpartisan legal group said today. ELI will honor the Ventura, Calif.-based company's founder, Yvon Chouinard, and CEO Rose Marcario with its "Environmental Achievement Award" at its annual banquet in Washington, D.C., on Oct. 22. . . .
As Nigeria looks to deepen its gold industry, the government has stepped up its cooperation with Dubai following President Buhari’s visit to Dubai earlier this year. However, the Environmental Law Institute says Nigeria does not have a well-developed large-scale mining sector, and the majority of gold mining in the country is carried out by artisanal and small-scale miners unlike countries like Ghana and Burkina Faso. Nere Teriba, Vice Chairman of Kian Smith Trade & Co joined CNBC Africa’s Esther Awoniyi for this discussion....
The Pennsylvania Supreme Court upheld a borough’s denial of a conditional use permit for unconventional oil and gas development in an oil and gas overlay zone, ruling that the borough could rely on testimony from residents of an adjacent township about their adverse experiences with development by the same applicant. On May 31, 2019, in EQT Production Co. v. Borough of Jefferson Hills, the Court by 6-1 decision reversed the Commonwealth Court’s 2017 decision which had required the borough to issue the permit for a 30-acre 16-well site.
Scientific reports, coming in a steady stream, are highlighting the urgency of reducing greenhouse gas emissions so as to avoid the worst impacts of climate change. Already, hurricanes, coastal and inland flooding, wildfires, heat waves and other extreme weather events are causing severe economic damage and loss of life, and their increasing severity has been attributed to climate change. The decades to come promise to be even worse. [Click here to read the full article.]
Richard Grant has dedicated the last 47 years to helping protect and preserve Narrow River, a lifetime body of work that recently received national attention. As the president of the Narrow River Preservation Association (NRPA), Grant was honored last week by the Environmental Law Institute (ELI), being presented with the organization’s 30th anniversary lifetime achievement award at the in Washington, D.C.