Research Reports

Recent Supreme Court rulings have called into question federal Clean Water Act coverage for certain wetlands and streams. Legislation recently introduced in the House of Representatives would amend the Act to restate and clarify Congress’s intent to regulate the waters of the United States to the fullest extent of its legislative power. The Environmental Law Institute has issued a new white paper that identifies which constitutional powers Congress can rely on to protect the Nation’s waters, and explains in straightforward language what the Supreme Court has said about these powers.

The Environmental Protection Agency (EPA) must make key decisions about how to apply the two major end-of-life statutes to nanotechnology waste in order to ensure adequate oversight for these technologies, concludes a new report from the Wilson Center's Project on Emerging Nanotechnologies. However, the report notes that the Agency lacks much of the data on human health and eco-toxicity that form the basis for such determinations, creating some tough challenges ahead in EPA?s decision-making process.

Early Detection/Rapid Response (EDRR) is a critical tool for identifying and eradicating introductions of new invasive species and pests. The effectiveness of EDRR largely depends on a supportive legal framework that can facilitate quick action. However, a number of states either lack the appropriate legal framework or contain restrictions (such as on the use of pesticides, or the area/manner in which they can be applied, etc.) that hinder the effective use of EDRR. It is important to understand where these gaps in state authority lie in order to address them at the legal and policy level.

This report describes state laws and regulations that address several key issues relating to indoor air quality in new home construction. Its purpose is to increase understanding of ways in which states have adopted legal requirements for improving indoor air quality that go beyond typical residential building code measures.

Land use and development decisions made at the local, county, and state levels have a significant and cumulative effect on the conservation of native species diversity. Through their planning and local regulatory powers, land use planners and local elected officials have the ability to influence the types, extent, and arrangement of land uses across the landscape. These patterns can have a profound influence on the viability of biodiversity far beyond municipal boundaries.