Vibrant Environment

Governance And Rule Of Law


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All blog posts are the opinion of its author(s) and do not necessarily reflect the views of ELI, the organization, or its members.

For inquiries concerning ELI’s Vibrant Environment blog, please contact the Blog Editor at blogeditor@eli.org.


The 2nd Inter-American Congress on the Environmental Rule of Law was held in San

On September 4-6, the Organization of American States (OAS), UN Environment, the Global Judicial Institute on the Environment (GJIE), the World Commission on Environmental Law (WCEL), the Supreme Court of Chile, and other partners convened the 2nd Inter-American Congress on the Environmental Rule of Law in Santiago, Chile. 

State laws may be insufficient to implement the federal Endangered Species Act.
By ELR Staff

The federal Endangered Species Act (ESA) enjoys considerable popular support and provides enormous ecological and other benefits beyond the protection of particular species. Yet the Act is not without its skeptics—longstanding calls to overhaul the Act have only gained traction in the 115th U.S. Congress and new Donald Trump Administration.

Environmental Protection in the Trump Era
By John Pendergrass

Here at ELI, we’ve seen a growing demand for unbiased answers and analysis on how deregulatory initiatives by the Administration and Congress will impact environmental protection, governance, and the rule of law. To that end, we recently collaborated with the American Bar Association’s Civil Rights and Social Justice Section to publish an ebook to aid understanding of the legal mechanisms that the White House, federal agencies, and Congress are using to change the regulatory approach to environmental, natural resources, and health and safety protections. The book attempts to answer these questions: What are the pathways and potential impacts of these ongoing regulatory changes? What are the opportunities for the public and other stakeholders to engage relative to these initiatives?

Underwater noise can cause injury or death to whales (Christopher Michel).
By Greta Swanson

Humans are rapidly increasing their industrial use of the ocean and its resources, resulting in great increases in underwater noise. Commercial shipping, naval sonar, seismic exploration, pile driving, acoustic deterrents for fishing, and seabed mining all produce ocean noise.

A natural gas pipeline under construction (Photo: Wikimedia Commons).
By Howard Nelson, By Kenneth M. Minesinger, By Gus Howard

Last month, the D.C. Circuit held in a 2-1 opinion that FERC was required to consider the downstream emissions created by power plants to be served by a proposed pipeline in Florida. The case not only raises questions about the scope of FERC’s NEPA review for new natural gas pipeline projects, but also about the application of the U.S. Supreme Court’s decision in Department of Transportation v. Public Citizen, 541 U.S. 752 (2004).

Farm workers are at high risk of harmful pesticide exposure (Photo: Aqua Mech.)
By ELR Staff

In 2010, two sisters—ages 1 and 4—died after licensed exterminators misapplied pesticides too close to their home. In 2011, roughly 60 dead mammals and migratory birds were found on and near a private hunting preserve after pesticides were unlawfully applied in hopes of killing coyotes. And in 2015, an entire family was hospitalized, and now suffers from neurological damage, following the improper pesticide fumigation of their house. Yet, the perpetrators in each of these cases were only charged with misdemeanors.

A cannabis sativa plant (Photo: Wikimedia Commons).
By Dave Rejeski

What is the most valuable crop in California? It isn’t almonds ($5.3 billion), strawberries ($1.8 billion), or grapes ($1.3 billion), but cannabis, now worth around $17 billion annually. In fact, cannabis is presently the fastest growing industry in the United States with over 30 percent per year compound growth according to preliminary 2016 revenues reported in Colorado by the Marijuana Enforcement Division.

Every summer, new interns, law clerks, and experts join ELI in Washington, D.C.
By Ian Faucher

Even after lawmakers leave the capital for their August recess, there’s still a summer buzz in the air at ELI’s offices in Washington, D.C. From June through August, nearly every open desk is filled by a volunteer, intern, or law clerk working to further ELI’s mission and support its many programs around the world. This summer, I was fortunate enough to spend a brief three months in the nation’s capital as one of those students. My fellow interns and law clerks hailed from as far as U.C.

Featured News & Analysis Article
By ELR Staff

When a public company describes the impact of a proposed regulation, it must consider two audiences: regulators and financial markets. It would like to sway the regulator by emphasizing how stringent regulations could cause job losses or reduce investment. But it may wish to convince investors that the company will thrive in the face of any plausible regulatory outcome.

An array of eco-labels, such as EKOenergy, certify environmentally friendly prac
By Ian Faucher

In response to reputational pressures and economic incentives, many companies tailor their product design, purchasing decisions, and management systems to reflect environmental considerations. Because consumers usually can’t observe these benefits in a company’s products or services, firms increasingly turn to environmental certification schemes or “ecolabels” to highlight their achievements.