ELI Report
Author
Laura Frederick - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
1

Award Dinner: Apple VP Lisa Jackson honored with annual prize; former Attorney General Eric Holder gives introductory address

ELI’s 2018 Award Dinner was a star-studded event. Nearly 750 environmental leaders from across multiple sectors arrived at the Omni Shoreham Hotel in Washington, D.C., to hear remarks from this year’s ELI Award honoree, Lisa Jackson, a former EPA administrator and currently vice president of Apple’s environment, policy, and social initiatives.

Jackson was introduced to the dinner audience by former Attorney General Eric Holder. He called her “someone who rose up through the ranks of government to hold the highest environmental post in the land and who then carried her environmental ideals and expertise into the private sector, where she is helping demonstrate the power of private-sector initiative and leadership in building the kind of sustainable future that we, as citizens, shareholders, investors, customers, and workers, all want.”

Jackson then engaged in an on-stage interview led by ELI Board Chair Benjamin Wilson. The conversation focused on the evolution and importance of environmental leadership by companies. Jackson spoke about the evolution of Apple’s sustainability initiatives and highlighted her team’s successes.

Since 2007, when Apple began addressing removing toxics from products, the company has rapidly expanded its environmental initiatives in sync with its explosive growth. Jackson noted in her speech that when she first started at Apple in 2013, the company was focused on improving packaging, such as using less plastic and sustainably sourced paper. Dreaming bigger, just five years later, Apple achieved a commitment to reaching 100 percent renewable energy for all of its global production.

Jackson explained that this accomplishment continues to be a dynamic effort. To meet its energy goals when new facilities are opened in some countries can provide a real challenge. Jackson nonetheless remains optimistic. “I think the power of the private sector to move supply chains is profound and an opportunity for leadership.” For Apple, this statement rings true. In part due to the company’s efforts, countries like Japan are encouraged to meet the increasing demand for clean energy by the private sector.

In their remarks, both Holder and Jackson also focused on the role of companies in promoting environmental justice.

“It is about being able to look at clients,” Jackson explained, “and say whether your actions are net positive for communities and health. You can make money with your clients and [also] have communities be better off for it.”

Jackson encouraged supporting the voices of minorities and women in decisionmaking, and commended ELI’s efforts toward this goal. “Women make up a large part of my staff. I don’t think that’s an accident,” she said. “As our voices are heard, it can’t help but be better for the planet. . . . I have always believed that if you promote and put forward women, good things will happen.”

In presenting the award, ELI President Scott Fulton read from the plaque and commented, “Her extraordinary work in greening Apple’s supply chain and in reducing the company’s carbon and natural resource footprint stands as a powerful example of business leadership in creating the future that ELI promotes. Her belief in environmental justice is one that aligns with the Institute’s commitment to reflecting the voice of all communities — especially the most vulnerable — in the world’s environmental laws and policies.

Two forums, one conclusion: New problems require new solutions

Each year, on the day of the ELI Award Dinner, the Institute hosts an afternoon of programs dedicated to discussing the most relevant and thought-provoking environmental topics.

This year, the ELI-Miriam Hamilton Keare Policy Forum focused on A New Environmental Paradigm. For decades, the overarching approach for environmental protection was one of regulatory compliance, largely directed by government. Today, technology has enabled companies to improve their environmental performance and citizens to track it, while a connected global network has catalyzed knowledge-based economies.

What constituted a successful strategy fifteen, or even ten, years ago no longer works in operating environments that are increasingly unpredictable, fragmented, and characterized by high rates of technological change, big data, crowd communication, young industries, and an incessant drive for competitive advantage.

To create meaningful and effective environmental protection, the combined power of private environmental governance, public law, technologies, and communities needs to be harnessed to hedge against uncertainties, build resilience and organizational flexibility, and reduce surprises to all parties.

Expert panelists embraced and explored a moment in time when private environmental governance, law, technologies, and communities are coming together — allowing us to harness their combined power in a new environmental paradigm.

Moderator David Rejeski, director of ELI’s Technology, Innovation, and the Environment Project, and panelists Ann E. Condon, visiting scholar, ELI; Paul E. Hagen, principal, Beveridge & Diamond PC; Adrienne L. Hollis, director of federal policy, WE ACT for Environmental Justice; John Lovenberg, vice president, environmental, BNSF Railway; Michael G. Mahoney, vice president, assistant general counsel, and chief environment, health, and safety compliance counsel, Pfizer Inc.; and Michael P. Vandenbergh, director, Climate Change Research Network, co-director, Energy, Environment, and Land Use Program, and law professor, Vanderbilt University, discussed how to institutionalize this new paradigm and embrace new business models that will protect the planet while achieving financial goals of companies and governments alike.

ELI’s Corporate Policy Forum, Governance in an Age of Increased Environmental Accountability, Liability and Risk, honed in on the increasing role of private companies in the management and administration of environmental, health, and safety issues.

While companies are taking steps to advance and demonstrate their initiatives addressing environmental, social, and governance issues, corporate ESG disclosures and activities — or lack thereof — increasingly are creating complex legal responsibilities across multiple layers of a company’s governance apparatus, including board and executive oversight, front line auditing, and external engagement that are threatening significant liability and brand issues in the United States and abroad when not executed with abundant care.

These trends are creating a heightened need to be deliberate, proactive, and precise with ESG activities and disclosures, and to ensure proper governance procedures are in place from the factory floor to the board room to avoid the risk of increasing scrutiny and liability. The focus areas extend to reporting on greenhouse gas emissions, energy efficiency, sustainability, environmental impact lifecycles, supply chains, human and worker rights, advertising, marketing, website and public representations, and corporate environmental governance procedures.

The event concentrated on theses corporate EHS governance issues, including the emerging risks and liabilities, insight from investors, NGOs, regulators, and prosecutors on areas of focus, lessons learned from recent experiences, and best practices to mitigate risks going forward.

Our panel of experts included moderator Cassie Phillips, director of ELI’s Private Environmental Governance Initiative; Avi S. Garbow, partner, Gibson, Dunn & Crutcher, formerly EPA general Counsel; Melissa A. Hoffer, assistant attorney general and chief, energy and environment bureau, Massachusetts Attorney General’s Office; Neal Kemkar, senior counsel & director of environmental policy, General Electric; Brendan McCarthy, investment manager, The Earth Partners LP; and Lori Michelin, president and CEO, World Environment Center.

Field Notes: MacBeth Dialogues improve our federalism

Regulatory and systematic changes over recent years have brought the United States to a point where our environmental system may be ready for some fundamental realignments. For example, states and businesses have enhanced abilities to address environmental problems, and technology has enabled these and other improvements. To provide analysis on these changes, ELI developed The Macbeth Dialogues in honor and memory of the late Angus C. Macbeth, one of the great leaders and thinkers in environmental law. The initiative brought together leading experts to discuss the state-federal relationship in the environmental sphere as it exists today in hopes of providing insight on the direction going forward.

In fall 2018, ELI released “The Macbeth Report: Cooperative Federalism in the Modern Era,” which synthesizes the information, and recommendations the Institute gained over the course of the dialogues and research conducted over the past year.

The report reveals strong support for an EPA leadership role in environmental science and technology as well as in interstate matters, and strong support for flexibility for states in meeting minimum national standards and setting more stringent standards as well as in enforcing delegated programs. Experts were more evenly split on state discretion to depart from national technology standards and compliance strategies as well as on federal primacy for criminal enforcement and civil rights cases. But over 70 percent of participants felt that the federal government should generally defer where states can do a better, or as good, a job.

The Institute, in partnership with the Center for Law, Energy & the Environment at UC Berkeley and the Yale School of Forestry and Environmental Studies, has selected projects to receive financial support under a two-year program to study the implications of the digital economy for energy and the environment. Funding comes from a grant issued by the Alfred P. Sloan Foundation earlier this year.

David Rejeski, director of ELI’s Technology, Innovation and the Environment Project, noted that “the research in these areas has been disparate and episodic, so there is value in bringing together researchers from different disciplines and institutions who can collaborate and cross-fertilize over a longer period of time.”

A website to support the research network, highlight emerging results, and provide access to updated annotated bibliographies and informational inventories is available at: www.digitalenergyenvironment.org.

ELI continued its discussions on environmental justice in the 21st century. Studies continue to highlight the disproportionate exposure of marginalized communities to environmental issues such as air pollution and climate change.

Building on the pivotal discussions in Parts 1 and 2 of the series Environmental Justice in the 21st Century: Threats and Opportunities, Part 3 featured a discussion led by the principal co-authors of the 1987 United Church of Christ report that first shed light on the problem, Charles Lee and Vernice Miller-Travis, as well as leading professors Ezra Rosser and William Snape.

Moderated by Kendra Brown, these experts explored the progress made and the challenges facing environmental justice communities. It was a dynamic evening exploring the impact of the 1987 report, the role of students in facing current environmental justice challenges, and issue areas such as native sovereignty and fossil fuel impacts on environmental justice communities.

This program was co-sponsored by ELI, the ABA Section of Civil Rights and Social Justice, and the Program on Environmental and Energy Law at American University Washington College of Law.

ELI Senior Attorney Linda Breggin was featured on Nashville’s WSMV News 4. The news story covered Mayor David Briley’s announcement of the Food Saver Challenge encouraging restaurants and business to donate what would otherwise be thrown away.

Breggin serves as the Project Coordinator for the Nashville Food Waste Initiative — a project of the Natural Resources Defense Council developing high-impact local policies and on-the-ground actions to address food waste.

“While we are throwing away all of this food, we have neighbors who don’t know where their next meal is coming from,” Breggin said.

Apple VP Lisa Jackson honored with annual prize; former Attorney General Eric Holder gives introductory address at annual Award Dinner.

A Radical Alliance of Black and Green Could Save the World
Author
James Gustave Speth - Next Systems Project
J. Phillip Thompson III - Massachusetts Institute of Technology
Next Systems Project
Massachusetts Institute of Technology
Current Issue
Issue
3
A Radical Alliance of Black and Green Could Save the World

But first the two movements will have to rediscover their shared roots in a fundamental critique of an economy and a society that value things more than lives.

Reprinted from The Nation, April 14, 2016, with the kind permission of the publisher.

A beautiful thing is happening: Advocates for racial justice and for environmental protection — too often, movements quite distant from each other — are coming together in a new way. One can see it in the campaign of National People’s Action and the Climate Justice Alliance to push for a just and locally empowering transition to clean energy; in the New Economy Coalition’s inclusive membership and commitment to front-line communities; and in the projects of the Evergreen Cooperatives, in inner-city Cleveland. These new efforts (may they multiply!) are grounded on a strong foundation. When one explores the roots of both the environmental and civil-rights movements, one finds a strikingly similar radical critique. Both movements have called for a deep restructuring of society and the economy; in both cases, that call is based on an affirmation of life and the devoted care that life requires of us.

There is urgency in this fusing. Environmentalists must confront a haunting paradox. Our environmental organizations have grown ever stronger, more sophisticated, and better funded, winning many battles along the way. Yet, 48 years after the first Earth Day, we find ourselves on the cusp of a ruined planet. Climate change is bearing down on us, with dire consequences that disproportionately impact the poor. Around the world, we are losing biodiversity, forests, fisheries, and agricultural soils at a frightening rate. Freshwater shortages multiply. Toxins accumulate in ecosystems and in our bodies. Something is terribly wrong, and more of the same cannot be the answer. It’s time for environmentalists to reassess and reboot. It’s time for a new environmentalism.

One can begin by asking: What is an environmental issue? We’d say that an environmental issue is any issue that affects environmental performance. When answered that way, environmental issues must include our failing political system and the erosion of democracy; the pervasive economic insecurity that paralyzes political action; and the materialistic, racially divisive, and completely anthropocentric values that dominate our culture. Environmental degradation is also driven by the triple imperatives of GDP growth at almost any cost, sustained corporate profits, and the projection of national power around the world.

These are among the root causes of our environmental decline, and if American environmentalists ever hope to succeed, we must find ways to address these systemic issues, which our movement has largely ignored. Environmentalists must revive our legacy of radical critique. In the movement’s early days in the 1960s and ’70s, those at the forefront asserted the need for a radical restructuring of the economy and society. Ecologist Barry Commoner was not alone in asking, in his 1971 best seller The Closing Circle, whether the operational requirements of the capitalist system are compatible with ecological imperatives. Commoner’s answer was no: If we do the right things for the environment, he argued, it’s difficult to see how today’s economic system could continue to operate, as dependent as it is on accumulation and growth.

Ideas like these motivated many of us as we set out to build the modern environmental movement. Reviving these ideas will require a new democratic politics, one that reasserts the ascendancy of people power over money power and moves us far away from the plutocracy and corporatocracy we see today. Rebuilding people power requires a fusion of progressive efforts, which means that progressives of all stripes must come out of our individual silos to build an unprecedented social movement.

Many of us who took up the environmental cause in the late 1960s drew our primary inspiration from America’s black community and its struggle for civil rights. We had entered college when the civil-rights movement was in full swing; those of us who went on to law school studied civil-rights litigation and legislation. We had seen the impact of social movements, of citizens standing up and speaking out. We regained faith in government’s ability to do great good. The civil-rights movement and the ’60s generally had taught us that activism could succeed, that government could succeed, that wrongs could be righted.

How do we overcome our tragic legacy of subordination of nature to humans and humans to other humans?

A great tragedy, looking back, is that the booming environmental movement of the 1970s didn’t build on this civil-rights connection. Instead of forging relationships with communities of color, our movement became — for a long period — a movement composed heavily of middle-class whites. The more recent emphasis on environmental-justice concerns has helped build a bridge between environmentalists and communities of color. But the environmental and racial-justice movements remain distant, without major dialogue between them. In a world where there is a premium on a melding of progressive forces, this situation is doubly unfortunate.

As in the environmental world, many in the black community are seeing limits to traditional advocacy. Achieving equal legal rights has enabled a small black upper-middle class to prosper, but it hasn’t prevented a widening wealth gap between most blacks and middle-class whites (not to mention the superrich). Nor has it prevented the reemergence of a racialized, two-tiered educational system or the mass criminalization of black youth. Faced with this realization, a number of black leaders, from grassroots organizers (such as those involved with Black Lives Matter and the Moral Mondays movement) to scholars, are calling for a rediscovery and revitalization of the civil-rights movement’s radical roots to address the deeper structural issues that America confronts.

The modern civil-rights movement had its origins in black advocacy before the Civil War, when radical activists called for a fundamental reordering of American society, beginning with its values. Martin Luther King Jr. turned increasingly to these broader issues in his later years. In his last presidential address to the Southern Christian Leadership Conference in 1967, King called upon his followers to “honestly face the fact that the movement must address itself to the question of restructuring the whole of American society. There are 40 million poor people here. And one day we must ask the question, ‘Why are there 40 million poor people in America?’ And when you begin to ask that question, you are raising a question about the economic system, about a broader distribution of wealth. When you ask that question, you begin to question the capitalistic economy. And I’m simply saying that more and more, we’ve got to begin to ask questions about the whole society. We are called upon to help the discouraged beggars in life’s marketplace. But one day we must come to see that an edifice which produces beggars needs restructuring.” Shortly after this address, King launched the Poor People’s Campaign.

Recently, Cornel West has brought together a remarkable collection of King’s speeches and writings. In his book The Radical King, West notes that later in his career, “King’s dream of a more free and democratic America and world had morphed into, in his words, ‘a nightmare.’ . . . He called America a ‘sick society.’ At one point, King cried out in despair, ‘I have found out that all that I have been doing in trying to correct this system in America has been in vain. I am trying to get at the roots of it to see just what ought to be done. The whole thing will have to be done away with. . . . Are we integrating into a burning house?’” The last years of King’s life were devoted to reviving the radical roots of the civil-rights movement — and his own.

There is something profoundly hopeful in these calls to rediscover the civil-rights movement’s radical roots. Though they’re important in their own right, they are also important for environmentalists and the future of the environmental movement, and for progressivism generally.

Of course, the black struggle in America includes many strong currents of radical thought and action, more than in the environmental movement. Still, their shared roots are apparent, and the best traditions of both movements are very much aligned. Both see the origin of our country’s problems in the system as a whole: in capitalism and the values and institutions that support it. As King said, the whole edifice needs restructuring. The operating system by which we live and work is programmed for the wrong results, and it needs to be reprogrammed so that it genuinely sustains and restores human and natural communities. This task is daunting, but it is also rich with opportunity as a powerful basis for dialogue and collaboration between two of our country’s greatest social movements — one that holds the potential for a common language, a common critique, and a common agenda.

And there’s an even deeper and more profound set of considerations that unite black and green. Early crusaders for black freedom took special aim at the worldview and values that enabled a rapacious form of capitalism — the slave system — to emerge and flourish. Unlike later theories of socialism, which focused blame for economic inequality and racial divisions on economic self-interest and power differentials between classes, advocates like Sarah Grimké and Frederick Douglass emphasized the cultural origins of inequality and oppression — in precapitalist religion, in philosophy, and in social attitudes and prejudices. They held that there could not be a fundamental change in the economic or social system without a simultaneous revolution in deeply held values. Much later, King would revive the call for “a radical revolution of values.” He spoke with clarity about what was at stake: “We must rapidly begin the shift from a ‘thing-oriented’ society to a ‘person-oriented’ society. When machines and computers, profit motives and property rights are considered more important than people, the giant triplets of racism, materialism, and extreme militarism are incapable of being conquered.”

For King, “other-preservation is the first law of life. It is the first law of life precisely because we cannot preserve self without being concerned about preserving other selves.” He was referring to other humans, whereas environmentalists consider nature as the other about which humans must be concerned. Yet these two imperatives are ineluctably intertwined. The subjugation of nature and its life creates the pretext for the subjugation of human beings. Human dignity cannot be restored fully without first displacing the God-like status that western thought has bestowed on some at the expense of others, as well as our instinct to sort life into hierarchies of value. Full dignity requires that humans be reconnected to each other and to the natural world that sustains all life.

The environmental movement criticizes the separation of human beings from the natural world and the treatment of nature as existing to serve human ends. This separation has strong roots in the Western tradition, from Aristotle to the Bible. The Genesis “dominion” mandate, for example, served the cause of elevating humans over nature and has had a powerful influence down through the centuries, an influence that efforts like the Forum on Religion and Ecology have sought vigorously to counter.

The cultural historian Thomas Berry has described the European settlement of North America as “a clash between the most anthropocentric culture that history has ever known with one of the most nature-centric cultures ever known.” European settlers in the Americas made a major distinction between themselves, whom they declared were created in God’s image, and indigenous peoples and Africans, whom they regarded as less than fully human. The escaped slave and abolitionist revolutionary Henry Highland Garnet, addressing a black audience in 1848, said, “Brethren, your oppressors . . . endeavor to make you as much like brutes as possible.” King noted that “a nation that will keep people in slavery for 244 years will ‘thingify’ them and make them things.”

This attitude of control and dominion over “soulless” matter and animals, including “inferior” nonwhites, is an evil embedded deeply in the culture of modern society. It also haunts and weakens our democracy. Absent genuine solidarity across racial groups, democracy can easily degenerate into a tyranny of the majority, as it has for much of American history. Unless we counter the white-supremacist attitude of control and domination over both nature and nonwhite others, the cross-racial solidarity we need in order to deepen democracy, change the economy, and save the environment will continue to elude us.

Civil-rights activists were fond of saying that all human destiny is intertwined. What many indigenous philosophies teach is that the destiny of all life is intertwined. In 1977, the elders of the Iroquois Confederacy issued a remarkable statement, “Basic Call to Consciousness: Address to the Western World”: “The Hau de no sau nee, or the Six Nations Iroquois Confederacy, has existed on this land since the beginning of human memory. . . . Our essential message to the world is a basic call to consciousness. The destruction of the Native cultures and people is the same process which has destroyed and is destroying life on this planet. The technologies and social systems which have destroyed the animal and plant life are also destroying the Native people. . . . It is the people of the West, ultimately, who are the most oppressed and exploited. They are burdened by the weight of centuries of racism, sexism, and ignorance which has rendered their people insensitive to the true nature of their lives. . . . The people who are living on this planet need to break with the narrow concept of human liberation, and begin to see liberation as something which needs to be extended to the whole of the Natural World.”

How do we overcome our tragic legacy of subordinating nature to humans and humans to other humans? Surely one step is to see this historical pattern for what it is: the product of profound arrogance. Love, care, respect — we owe these to each other and to the natural world, and their common wellspring is an attitude of the heart, an abiding humility, awe, and reverence in the face of life’s wondrous creations: the very opposite of arrogance. TEF

TESTIMONY ❧ But first the two movements will have to rediscover their shared roots in a fundamental critique of an economy and a society that value things more than lives.

Are Market Mechanisms Moral?
Subtitle
Morality Matters at the Climate Conference
Climate Policy Requires Markets — and Equity
Markets Alone Can't Produce Social Justice
Markets Are Mostly Moral — But It Depends
Markets Can Be Socially Responsible
Tapping Our Better Nature to Solve Global Woes
Author
Leslie Carothers - Environmental Law Institute
Joel Darmstadter - Resources for the Future
Caroline Farrell - Center on Race, Poverty, and The Environment
Stephen F. Harper - Intel Corporation
Bob Perciasepe - Center for Climate and Energy Solutions
Lucia A. Silecchia - Catholic University of America
Environmental Law Institute
Resources for the Future
Center on Race, Poverty, and The Environment
Intel Corporation
Center for Climate and Energy Solutions
Catholic University of America
Current Issue
Issue
2

While using all available tools may seem wise when faced with the formidable challenges presented by climate change, there are moral authorities — including Pope Francis — who have cautioned against blind acceptance of one popular approach, market-based mechanisms.

The Debate: Dangerous Intersection: Climate Change and National Security
Author
Francesco Femia - The Center for Climate and Security
Leo Goff - Center for Naval Analyses
Alice Hill - National Security Council
Thilmeeza Hussain - Voice of Women -- Maldives
Marcus King - George Washington University
Maureen Sullivan - Department of Defense
The Center for Climate and Security
Center for Naval Analyses
National Security Council
Voice of Women -- Maldives
George Washington University
Department of Defense
Current Issue
Issue
33

The dangers of climate change are not usually couched in terms of national security, but awareness of the issue is growing rapidly. What could be more basic to security than a climate conducive for agriculture, abundant water supplies, ecosystem health, industrial production, biodiversity, and human comfort? What could be more threatening than extreme weather events or mass migrations because of rising seas and crop failures? The annual ELI-Miriam Hamilton Keare Policy Forum brought together top experts on the topic.