The EPA Pith and the Law Pendulum
William Ruckelshaus is sworn in as administrator of the new Environmental Protec
Stephen R. Dujack
Monday, July 30, 2018

I met William D. Ruckelshaus a year after the Saturday Night Massacre, and 18 months after he left the U.S. Environmental Protection Agency (EPA) as its founding administrator. I was a reporter for the Daily Princetonian, and he was on campus to give a talk. I recognized that here was a true American hero. Nine years later, Ruckelshaus would return to EPA for more heroics: restoring the Agency to its original sense of idealism and high purpose.

An Endangering Act? Proposed Regulatory Changes to the Endangered Species Act
Wolf
Wednesday, July 25, 2018

On July 19, the U.S. Fish and Wildlife Service (FWS) and National Oceanic and Atmospheric Administration (NOAA) released their highly anticipated proposed changes to the rules implementing the Endangered Species Act (ESA). Enacted in 1973, the ESA is credited with saving iconic American species like the bald eagle and the grizzly bear. It is one of the hallmark pieces of legislation of the early environmental movement and the legislation for species conservation in the United States. While the public generally supports the Act, the ESA is notoriously controversial for corporations and agribusiness. Industries such as oil and gas, land development, and mining criticize the ESA as a costly barrier to project development. Supporters of the ESA highlight its role in preventing the extinction of species that are crucial to U.S. ecosystems.

Justice Kennedy’s Retirement and the Future of Environmental Law
Justice Anthony Kennedy
Hunter Jones
Monday, July 23, 2018

On June 27, 2018, Justice Anthony Kennedy announced that he will retire from the U.S. Supreme Court on July 31, 2018. Kennedy, who was nominated by former President Ronald Reagan and confirmed in 1988, became a crucial swing vote on a variety of environmental issues during his tenure. On July 11, 2018, ELI hosted John Cruden, John Elwood, and Richard Lazarus at a Breaking News webinar to explore the influence Kennedy has had on environmental law and to discuss the implications of his retirement from the Court for the future of environmental law.

Managing EHS Compliance Through Chaos and Disruption
Walt Disney business envelope, circa 1921
Kristin Morico
Wednesday, July 18, 2018

I’ve witnessed some tumultuous times throughout my professional journey, which has mostly involved the industrial sector. The current global political climate, industry takeovers, mergers, and portfolio rationalization, as well as companies vying over a competitive talent pool of leaders, has resulted in a fair amount of distraction and turbulence across all industry functions, including Environmental, Health & Safety (EHS). Observing these circumstances, how does an organization proactively manage EHS compliance? Below, I share some thoughts I’ve gathered over the years.

MBTA Takings: A Bird’s Eye View
Migrating Canada Geese (Pixabay)
ELR Staff
Wednesday, July 11, 2018

The Migratory Bird Treaty Act (MBTA) prohibits the taking and killing of migratory birds. But the statute is silent about indirect or unintentional taking or killing that occurs in connection with an otherwise lawful activity. Dueling DOI Solicitor’s Opinions issued by the Obama and Trump Administrations have only served to highlight the ambiguity in the MBTA’s requirements. In A Pendulum Seldom Stops in the Middle: Shifting Views on “Take” of Raptors and Other Migratory Birds, David Freudenthal (former Governor of Wyoming) and attorneys Steven P. Quarles and Rebecca Barho argue that congressional action ultimately is needed.

Helping NGOs Use Environmental Law to Combat Pollution: ELI Launches Environmental Public Interest Litigation Capacity-Building Project in China
ELI worked with the China Environmental Protection Foundation and Tianjin Unive
Zhuoshi Liu
Monday, July 9, 2018

The neck-breaking growth of the Chinese economy since the late 1970s has alleviated hundreds of millions of people from poverty and is one of the biggest economic achievements that the world has ever seen. However, the amazing growth and all of its benefits came at terrible expense to the environment and ecosystems.

A Hard Look’s Gonna Come: The Energy Executive Order, NEPA, and the Social Cost of Carbon
The social cost of carbon quantifies the economic impact of greenhouse gas emiss
ELR Staff
Wednesday, June 6, 2018

In March of last year, President Trump issued fossil-fuel friendly Executive Order No. 13783, Promoting Energy Independence and Economic Growth. Section 5 of this Order directed agencies to discontinue use of the “social cost of carbon” (SCC), a protocol developed under the Obama Administration to monetize the impacts of climate-related disasters and disruption.

Taking Innovative Environmental Law and Policy Proposals From Academia to Practitioners and Policymakers
2018 Environmental Law and Policy Annual Review
Linda Breggin
Wednesday, May 16, 2018

Some of the smartest people in our law school classes became law professors. But, chances are you don’t know much, if anything, about their academic work. Busy policymakers and legal practitioners simply don’t have the time to read long, heavily footnoted law review articles. Yet, buried in those dense law review articles can be important new and creative law and policy proposals. All too often, however, academics talk about those ideas among themselves, and their proposals are not informed by policymakers, let alone adopted in the law and policy arena.

In Zinke We Trust?
Arches National Park
ELR Staff
Wednesday, April 11, 2018

The U.S. Department of the Interior (DOI), led by Secretary Ryan Zinke, manages one-fifth of the land in the United States. Its National Park Service (NPS) oversees units covering more than 84 million acres. The U.S. Fish and Wildlife Service manages refuges totaling just over 81 million acres. And the Bureau of Land Management (BLM) manages 247.3 million acres across 20 states. In total, these three agencies oversee 65% of the land owned by the federal government in the United States.

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