Companies and Communities: Environmental Justice as an Effective and Proactive Business Practice
ELI 50th anniversary logo
Benjamin F. Wilson
Friday, August 2, 2019

In recent months, the long-standing environmental justice (EJ) movement—which began with the civil rights movement—has gained new momentum. EJ refers to the “fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” As natural disasters ravage minority, low-income communities, global climate justice campaigns demand equitable solutions, and members of Congress underscore the importance of ensuring environmental protection for our most vulnerable communities, EJ principles are given a leading role in the conversation about environmental policy.

Feet to the Fire: Managing the Continued Fallout From California’s Camp Fire
Rebecca L. Kihslinger
Wednesday, July 31, 2019

Lasting repercussions of the 2018 fire season have continued to vex California’s electric utility sector, the state government, and communities across the state that are recovering from previous fires and bracing for the next wave of wildfires.

PG&E, the bankrupt private electric utility whose aging infrastructure has been linked to 19 major wildfires in 2017 and 2018, has faced withering coverage in the press, intense scrutiny by state officials, and public questioning in federal court. Earlier this month, the Wall Street Journal reported that PG&E has repeatedly delayed updates to its transmission lines and towers, many of which are still in operation well beyond their life expectancy. 

A City Under Siege: Unraveling the Glaring Link Between Environmental Degradation and Sociopolitical Turbulence
Anthony D'Souza
Monday, July 29, 2019

Much of the media concerning climate change have direly emphasized that its most horrendous effects will be borne by some of the world’s most impoverished developing cities, with coastal settlements on the front lines of this siege. Yet, most of these headline-grabbing pieces rarely explore the true complexity of these issues beyond mere sea-level rise and a few other similarly visible or tangible environmental problems. This blog aims to briefly outline the deeper extent of crises threatening these cities by further examining an experience of one particular city. A city where the ravages of global warming are more than just dire warnings—but a clear and present burden on its overwhelmingly underprivileged citizens every day. A city that offers perhaps one of the most holistic case studies to examine the entangled causality between environmental and social issues wrought by climate change. My hometown, Karachi, Pakistan.

The Summer That Launched an Era
Stephen R. Dujack
Monday, July 22, 2019

In a period of less than a month, everything good seemed possible for America. First came the Moon landing, on July 20, 1969. Billions watched our astronauts live from the lunar surface and took pride in humanity’s achievement. In the United States, the concept of collective will to conquer a huge national challenge got a big boost. Project Apollo joined the Manhattan Project as paradigms of government-led Yankee ingenuity licking a technological problem — and on a tight timetable to boot, expenses be damned because of the extreme nature of the threat.

California DTSC's Efforts to Address the Segregation of Pollution
ELI 50th anniversary logo
Davina Pujari
Cole A. Benbow
Friday, July 19, 2019

The mission of California's Department of Toxic Substances Control (DTSC) is to "protect California's people and environment from harmful effects of toxic substances by restoring contaminated resources, enforcing hazardous waste laws, reducing hazardous waste generation, and encouraging the manufacture of chemically safer products." But, like any critical mission, its success depends on sufficient funding. And, to the detriment of the vulnerable communities it is charged with protecting, the Department is in the midst of dealing with a budget shortfall that will handicap its ability to reduce the amount of hazardous waste generated in California—hazardous waste that disproportionately impacts low-income and minority communities.

Western Regional Power Market: Sustainable Path Forward or Stumble Back to More Emissions?
Helena Kilburn
Monday, July 15, 2019

Would the formation of a regional power market in the western United States be a step forward into a more sustainable future or a stumble backward into continued use of fossil fuels for the region? Much of the debate concerns how a regional power market would increase or reduce greenhouse gas (GHG) emissions. Advocates of the regional power market argue that with increased use of renewable energy and its more efficient integration and transfer, carbon emissions would decrease. In contrast, proponents against the new framework maintain that less state control over their energy grids could result in less support for renewable energy and an increased use of coal. The formation of this market could lead to a cleaner, greener future or it could incentivize continued use of fossil fuels within some of the western states.

A High Steaks Battle: What Can Legally Be Considered “Meat”?
Patree (Well) Witoonchart
Wednesday, July 10, 2019

Does “meat” have to come from a living, breathing animal? According to proponents of cellular agriculture, this may not always be the case. This new industry aims to produce “meat” by growing animal cells outside of a living body, envisioning a future where humans can consume beef, pork, chicken, and seafood without having to slaughter a single animal. The process of producing such cell-based food involves taking cells from a live animal and using a growth medium to grow the cells into large, edible tissue. In recent years, this technology has generated public excitement, attention, and, most importantly, investment. However, regardless of what the products of cellular agriculture look like or when this technology will be fully developed, naming this product is much more complicated.

Are Secondhand Cars Treasure or Trash? Takeaways From the Second INECE Compliance Conversation
Shehla Chowdhury
Monday, July 8, 2019

Over the last several decades, many countries have sought to decrease their carbon footprint by creating stricter emissions standards for motor vehicles. However, once these standards are in place, a serious question arises: what should be done with older, “dirtier” vehicles? Often, the answer has been to export them to regions with less strict vehicle standards.

Overcoming Impediments to Offshore CO2 Storage: Legal Issues in the United States and Canada
ELR Staff
Monday, July 1, 2019

Carbon capture and storage (CCS) is a hot-button topic as a strategy to mitigate climate change and reduce greenhouse gas emissions. CCS entails capturing carbon dioxide from the atmosphere and industrial plants at the source, then injecting the captured carbon dioxide into underground geologic formations for storage. Much research has focused on sequestering carbon dioxide onshore, in depleted oil and gas reservoirs or deep saline aquifers. Offshore CCS also may be feasible, but presents several governance and legal challenges.

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?
Michael R. Campbell
Barbara D. Craig
Cherise M. Gaffney
Laura Kerr
Monday, June 24, 2019

Frustrated by some states’ use of their Clean Water Act (CWA) §401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration issued the second installment in its efforts to restrict that authority on June 7. The U.S. Environmental Protection Agency’s (EPA’s) Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes strictly interprets state deadlines under §401 and takes a narrow view of the grounds on which states may deny or condition their approval of projects. The guidance follows an April 10 executive order, and will be followed in August by proposed EPA rules, with final rules by May 2020.

Subscribe to Governance and Rule of Law