Pennsylvania Supreme Court Rules That Shale Gas Revenues From State Forests and Parks Must Be Spent on Conservation
A Marcellus shale gas-drilling site along Route 87, Lycoming County, PA.
Wednesday, July 5, 2017

In a landmark decision issued June 20, the Pennsylvania Supreme Court confirmed that Pennsylvania’s Environmental Rights Amendment, adopted in 1971, creates a “public trust” in Commonwealth resources as the “common property of all the people including generations yet to come.”

Shareholder Engagement Greens Corporations
The New York Stock Exchange, on Wall Street (Photo: Benjamin Dumas).
Wednesday, June 28, 2017

Sustainable investment firms, state pension plans, and advocacy groups are influencing businesses’ sustainability practices through a variety of shareholder engagement approaches.  A key tool is the shareholder resolution – a proposal put forth by a shareholder or group of shareholders – that is included in a proxy statement and subject to a vote of the corporation’s shareholders.   

Regulation: Is $100 Million What It Used to Be?
Congress has used the $100 million threshold in numerous acts. (Photo: Glen Lowe
Monday, June 19, 2017

Federal regulations undergo a lot of review during their development and drafting by federal agencies: input from government attorneys and economists, rounds of public comments under the Administrative Procedure Act, review by the Small Business Administration, and—often most significantly—review by the regulatory gatekeepers housed at the Office of Management and Budget’s (OMB’s) Office of Information and Regulatory Affairs (OIRA).

Environmental Sustainability: Finding a Working Definition
Villagers returning home as the sun sets in the Philippines (Source: UN Photo/Od
Wednesday, June 14, 2017

“Sustainability” was introduced in environmental policy discourse 30 years ago, when the World Commission on Environment and Development published Our Common Future, charting a path for development that “meets the needs of the present without compromising the ability of future generations to meet their own needs.” But as Scott Fulton, David Clarke, and María Amparo Albán write in the June issue of

With Declining Budgets, EPA Adjusts Approach to Compliance and Enforcement
EPA Headquarters in Washington, D.C. (Photo: NRDC)
Wednesday, June 7, 2017

In the midst of gigantic political divide, on May 4, 2017, the Senate passed a continuing resolution that will finance the government through September 2017. The details of the resolution saw many environmentalists cheer as the U.S. Environmental Protection Agency (EPA) saw a modest cut to its budget to the tune of $80 million, a 1% cut overall. This victory came on the heels of a threatened cut of 31% in the president’s proposed budget.

FOOD WASTE: Onsite Food Waste Pre-processing Systems: Is Recycling Really Happening?
By Taz [CC BY 2.0 (http:/creativecommons.org/licenses/by/2.0)], via Wikimedia C
Wednesday, May 24, 2017

Recycling food waste through composting and anaerobic digestion has the greatest potential by far to reduce the quantity of food waste going to landfills over the next 15 years relative to food waste reduction and reuse, according to ReFED. However, as more cities and states institute landfill food waste bans and other programs to promote recycling, the demand for centralized organic processing facilities is outpacing the supply. To address the gap, vendors are actively marketing to commercial customers new onsite pre-processing systems, including dehydrators, pulpers, and biodigesters. The systems can save money by reducing or eliminating off-site hauling of food waste and are well suited to facilities short on space and staff time. But the question arises: are the nutrients and energy in food waste really being recycled?  The answer depends upon the next stage of processing.

Trumping Environmental Protection
EPA and Donald Trump
Monday, May 22, 2017

The Trump Administration is clearly hungry for regulatory reform that reduces the cost and process burden of environmental regulation. Those who see a fundamental conflict between environmental protection and economic development welcome this development, as do those concerned that environmental requirements have become so extensive, detailed, and layered as to make compliance an elusive pursuit. Conversely, the shift raises concerns for those who see environmental protection and economic development as fully compatible goals and who fear environmental backsliding.  

A Problem in Small-Scale Fisheries Management in Spain and a Need to Rethink Implementation of the EU’s Common Fisheries Policy
ACERGA fishing skipper Marcos Alfeirán during the protest camp in late 2015, NOS
Wednesday, May 31, 2017

The Galician Association of Purse-Seine Vessel Owners (ACERGA by its acronym in Galician) is the largest association of purse-seine vessel owners in Spain. Over a year ago, ACERGA fishers and many members of their families camped in front of the main building of the government of Galicia (northwestern Spain), demanding that their voice be heard in the regulatory process for determining Spain’s annual fishing quota distribution of mackerel and horse mackerel.

TRADE AND ENVIRONMENT: Protecting the Environment in the Context of International Trade
Container Ship
Wednesday, May 17, 2017

Although making no specific commitments, the Trump Administration continues to propose the potential renegotiation of NAFTA. House Democrats, in a Resolution earlier this spring, and a group of 15 environment, labor, and human rights groups, in an Eight-Point Plan, have called for a renegotiation of NAFTA that ensures that regulations protecting the environment are maintained.

In an earlier blog post, I discussed how environmental protection provisions incorporated in trade agreements could help mitigate the adverse environmental impacts of (international) trade. This post explores the inverse topic: how the investment chapters in NAFTA (and other trade agreements) may affect environmental and social protections in parties’ domestic regulation.