Vibrant Environment

Obtaining information about potential violations of environmental law has long been a key challenge for effective enforcement of environmental law. Facility inspections are, of course, a central element to collecting this information, but the number of inspectors compared to the number of regulated facilities severely limits how much data can be gathered about potential violations. Citizen complaints are another important source of information, but this can be very sporadic.

In the bustling streets of Lagos, where markets and stalls buzz with energy, an unspoken threat lurks in the shadows. Plastic waste has become an inseparable part of the landscape, imprinted on crowded neighborhoods and riverbanks. As an environmental justice lawyer, this is not just an issue of concern; it is a daily reality that permeates my work and personal life.  

Household recycling can reduce demand for virgin materials, limit waste sent to landfills, and lessen the cost of producing metal-, glass-, and paper-containing products. Understanding the policies most conducive to promoting recycling is key to success. The November 2023 issue of ELR—The Environmental Law Reporter looks at the efficacy of state and local recycling policies and identifies contexts where the greatest improvements are possible. Using the most comprehensive data set on U.S. household recycling behavior, authors Joel Huber, W.

Over the past decade, the issue of plastic waste has received growing attention, as powerful images of plastic in the natural environment have reached global audiences.

According to the Interstate Technology Regulatory Council (ITRC), in 2018, the United States generated approximately 15 million tons of plastic containers and packaging, but only recycled roughly 2 million tons (13%). The majority of that plastic instead was either landfilled (approximately 10 million tons or 70%) or incinerated (approximately 2.5 million tons or 17%). The recycling rate for plastic is much lower than rates for other common packaging materials including glass (31%), paper (80%), aluminum (35%), and steel (75%).

California’s Safe Drinking Water and Toxic Enforcement Act of 1986—also known as Proposition 65—is widely considered to be a driver of chemical regulation through litigation. And because anyone who provides an alleged violator the requisite notice can bring suit to enforce the Act, including Proposition 65 “bounty hunters,” it also is viewed as a source of significant windfalls for private plaintiffs and their counsel.

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. 

The environment got a big boost last September when a rocket blasting off from Vandenberg Air Force Base orbited Landsat 9. The new satellite is a highly instrumented space probe designed to scrutinize the Earth from aloft with visual images and an array of other sensors. Test photos taken shortly after launch showed outstanding resolution of the biosphere unrolling below.

Global plastics production doubled over the last two decades, and is predicted to double again in the next two decades. Increased production has led to increased waste. Ocean plastics pollution is rising, and the ocean will likely contain more plastics mass than fish by 2050.

On October 2, approximately 25,000 gallons of oil spilled into the Pacific Ocean from a pipeline off the shore of Huntington Beach in Orange County, California. While the full environmental impact of the spill is still under investigation, it is clear that the oil spill threatens the money, time, and effort that have gone into rehabilitating and maintaining nearby wetlands. Dead fish and birds were seen washing up on shore. Oil now coats the rocky beach.