Vibrant Environment

Passed on August 16, 2022, the Inflation Reduction Act commits nearly $370 billion in direct investment to address climate change and energy production.

Developments this past summer—including the U.S. Supreme Court’s decision in West Virginia v. EPA and the historic passage of the Inflation Reduction Act (IRA)—have dramatically reshaped the future of U.S. climate law.

Recent judicial and administrative changes to the scope of the Clean Water Act of 1972 (CWA) have major implications for state regulators. In this month’s issue of ELR—The Environmental Law Reporter, ELI Senior Attorney James McElfish examines the existing legal framework for state protection of nonfederal waters and discusses potential impacts of upcoming federal decisions, including the U.S. Supreme Court’s consideration of Sackett v. Environmental Protection Agency in October. 

When the pandemic started, it seemed you couldn’t turn a page or open an email without seeing “unprecedented” used in one context or another. And it was true—we were in uncharted territory, and among everything else, it was hard not to keep returning to that locution. I clearly remember sending a mass email using the word, thinking I was the first person to stumble upon this apt descriptor; little did I know how ubiquitous it would become.

I didn’t know when I became editor of the Forum that the era of landmark environmental lawmaking was almost over—with some exceptions that I will duly note. The year was 1990, and the buzz was all about new amendments to the Clean Air Act that would address the scourge of acid rain through the first large-scale test of emissions trading. It was the kind of legislation that is so desperately needed today to address the climate crisis by moving the United States to a renewable energy economy—a monumental task requiring a comprehensive, nation-wide approach.

As the national conversation following the West Virginia v. Environmental Protection Agency (EPA) verdict showed, climate change continues to be a focal point of this generation. And that conversation is happening both inside and outside the courtroom in the form of amicus briefs.

When Russian troops swarmed over the border last February, Ukraine became the first country possessing nuclear power plants to be invaded. The attackers seized several of the generating facilities and temporarily entrenched around the mothballed reactor at Chernobyl. At this writing, Moscow’s intentions with regard to the operating power plants was unclear.

In the spring of 1972, environmental law was still in its infancy in many places around the world. Here in the United States, NEPA, the Clean Air Act, and ELI itself were toddlers—all under three years old—and the Clean Water Act wouldn’t be amended to what we know it as today until that fall. Within this setting, the UN hosted the first global Conference on the Human Environment in Sweden.

Peace is an essential element of sustainable development. In early June, the international community will gather at the forthcoming Stockholm+50 International Meeting to reflect on progress in sustainable development, the outstanding gaps and challenges, and to discuss the way forward. It is time — indeed, past time — to formally acknowledge the central role of peace in sustainable development and to take specific, concrete measures to incorporate these linkages in our policies, institutions, finances, and practices.