The Environmental Forum

Volume 42 Issue 2

March-April 2025

This issue's articles are available below.

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Scientist Looking into a Microscope

LAB REPORT Conducting more chemical exposure studies is laudable in theory—and perilous in practice. Stakeholders agree more data are necessary. So why is analysis of new substances so difficult and fraught with legal, regulatory, and commercial challenges?

By Lynn L. Bergeson, Kelly N. Garson and Lara A. Hall
Bergeson & Campbell, P.C., Bergeson & Campbell, P.C., Bergeson & Campbell, P.C.

With SIDEBARs from an industry representative and animal rights scholar

Person with Backpack

TESTIMONY There is a fertile context now to make significant progress on using international law as a critical tool in making states responsible for the environmental health of individuals within their territories. 

By Rosa Celorio
George Washington University Law School

With a SIDEBAR from Achinithi C. Vithanage of Pace University

Question Mark

COVER STORY Is judicial activism under a novel doctrine undermining the rule of law and the separation of powers—by placing the courts above Congress and the executive branch, and by implementing conservative judges’ preferences for small government?

By David M. Driesen
Syracuse University, College of Law

With SIDEBARs from two lawyers with questions of their own.

Shalanda Baker

PROFILE Shalanda Baker, who ran President Biden’s Justice40 Initiative at the Energy Department, which funneled billions to disadvantaged communities, says the now disbanded program permanently changed the culture and conversation over race, climate change, and energy policy.

By Akielly Hu
The Environmental Forum
The Debate: The New Toxic Substances Control Act Is Now Five Years Old: A Report

THE DEBATE As activists gird to defend what they deem to be essential conservation and environmental policies and standards, while conservative and business interests expect Trump to eliminate what they deem to be unjustified regulations and to take new approaches, what will be the most salient environmental reform goals over the next four years for Republicans and their allies in the private sector? What will Democrats and environmental activists want to do to ensure continued forward movement?

By Jonathan H. Adler, DJ Gerken, Michael B. Gerrard, Tim Profeta, Stephen P. Smith and Jonathan Wood
Case Western Reserve University School of Law, Southern Environmental Law Center, Columbia University, Novi Strategies LLC Environment, Beveridge and Diamond P.C., Property and Environment Research Center
By: David P. Clarke

EPA Advancing AI Amid Broad and Varied Concerns Over Use

By: Craig M. Pease

Safety, Institutional Cultures, and Offshore Oil and Gas Drilling Rigs

By: Linda K. Breggin

States and Localities Embrace Community Benefits Agreements

By: Ethan Shenkman

Trump Executive Orders Confound Energy Transition Practitioners

By: Bethany A. Davis Noll

NEPA’s Environmental Review Requirements Face Two Big Tests

By: Bob Sussman

The Many Fallacies of Trump’s “Energy Dominance” Agenda

By: Joseph E. Aldy

Significant Health and Economic Costs Come From Wildfire Smoke

By: Stephen R. Dujack

Railroads’ Problems Showed Regulation of Industry Needed

By: G. Tracy Mehan III

Tracy Mehan on the New Edition of a Professional Classic

By: Maya Sokoloff

Record attendance at Eastern Boot Camp for professionals

By: ELI Staff

See Colleagues’ Job Changes and Honors Recieved

By: Jordan Diamond

Jordan Diamond Says, “Toujours On Danse”