Vibrant Environment

The Environmental Law and Policy Annual Review (ELPAR) is published annually in the August issue of The Environmental Law Reporter (ELR) in collaboration with Vanderbilt University Law School (VULS) and ELI. Each year, Vanderbilt Law students work with an expert advisory committee, senior staff from ELI, and Vanderbilt law professors to identify some of the year’s best academic articles that include creative and feasible law and policy proposals. 

Each year, the Environmental Law and Policy Annual Review (ELPAR)—a collaboration between Vanderbilt University Law School (VULS) and ELI— identifies some of the year’s best academic articles that present legal and policy solutions to pressing environmental problems.

Each year, the Environmental Law and Policy Annual Review (ELPAR)—a collaboration between Vanderbilt University Law School and ELI—identifies some of the year’s best academic articles that present legal and policy solutions to pressing environmental problems. ELI Senior Attorney Linda Breggin, Vanderbilt Law Prof. Michael Vandenbergh, and students in a Vanderbilt law class select 20 of the most creative, persuasive, and feasible proposals in the environmental legal literature.

In “Measuring the NEPA Litigation Burden: A Review of 1,499 Federal Court Cases,” Prof. John C. Ruple and Kayla M. Race quantitatively demonstrate that the National Environmental Policy Act (NEPA) compliance and litigation burdens may be overstated—findings they argue should inform any revisions to NEPA. The article was originally published in Lewis & Clark Law School’s Environmental Law in 2020. The piece was also selected as a top 20 article for the Environmental Law and Policy Annual Review in 2020, an ELI-Vanderbilt Law School project that identifies innovative environmental law and policy proposals each year.

Electricity generation, one of the leading sources of greenhouse gas emissions, rarely accounts for the social cost of damages caused by carbon dioxide emissions. Embedding these costs into market rates is one way to address the pressing need for decarbonization. In this year’s Environmental Law and Policy Annual Review (ELPAR), a special issue of The Environmental Law Reporter, authors Bethany Davis Noll and Burcin Unel argue that addressing the price of emissions falls within the authority of the Federal Energy Regulatory Commission (FERC). The authors examine how imposing a cost on carbon aligns with FERC’s main goal of ensuring just and reasonable rates, and they explore opportunities and limits for FERC’s authority.

In his 2019 article, Governing Extinction in the Era of Gene Editing, Prof. Jonas J. Monast of the University of North Carolina School of Law recommends using the Endangered Species Act (ESA) framework to regulate the growing use of gene-editing technology.

In “Animal Agriculture Liability for Climatic Nuisance: A Path Forward for Climate Change Litigation?,” Prof. Daniel E. Walters lays out a new path for climate litigation: environmental litigators should bring federal public nuisance suits to remedy environmental harms caused by animal agriculture.

Each year, the Environmental Law and Policy Annual Review (ELPAR)—a collaboration between Vanderbilt University Law School (VULS) and ELI—identifies articles that propose innovative law and policy approaches to pressing environmental problems. This year's awardees propose creative approaches to a range of cutting-edge environmental issues:

The “fairness” of free trade agreements is front and center in today’s often rancorous political dialogue—but rarely is the environment a top-tier consideration in the debate. In a timely article, Vanderbilt University Law School Prof. Timothy Meyer offers a valuable environmental perspective on trade agreements that deserves attention. Professor Meyer offers empirical evidence that selective enforcement of environmental laws is “considerably more pervasive than commonly thought.” The result, he contends, is that trade agreements can undermine environmental interests in the energy and fisheries sectors, the most traded commodity and the most traded food respectively.