Vibrant Environment

Part One of this blog examined various U.S. whistleblower laws that could be applied to international fisheries crime. Part Two will continue a discussion of the Lacey Act, perhaps the most powerful whistleblower reward law addressing illegal trade in fish, wildlife, and plants. The Lacey Act makes it unlawful for any person subject to U.S. jurisdiction to import, export, transport, sell, or purchase fish, wildlife, or plants in violation of any U.S. or foreign law, including the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

The U.S. Army Corps of Engineers, New Orleans District, is seeking comment on the draft environmental impact statement (EIS) for the Mid-Barataria Sediment Diversion (MBSD) restoration project. If approved, the MBSD would reconnect the Mississippi River to Louisiana’s Barataria Basin and, through the controlled release of sediment-laden freshwater from the river, allow sediment and nutrients to flow into the basin with the goal of restoring wetlands and slowing the rate of coastal land loss. (Read more about sediment diversions in our earlier blog post.)

President Joseph Biden’s March 30 announcement to spend $2 trillion fighting climate change, decarbonizing the economy, and creating jobs did not lack detail—the White House “summary” ran 25 pages with 79 subheadings, each containing numerous subproposals. Among these big ideas about offshore wind development, digital grid infrastructure, and green job training programs is a proposal that could have come from any administration over the last five decades: redeveloping blighted industrial properties to improve outcomes for distressed, disadvantaged communities.

Despite advances in environmental law in recent decades, issues with implementation and enforcement continue to impede environmental progress worldwide. This is especially true in the case of illegal, unreported, and unregulated (IUU) fishing. Because IUU fishing is nomadic and international, detecting and penalizing perpetrators can be difficult, if not impossible. Organized, transnational groups are increasingly turning to illegal fishing, whether to produce income, fund their networks, or conceal trafficking of drugs and people on their ships. Government—such as through customs or ports—likewise plays a large role in facilitating and concealing these illegal activities.

Around 40% of people in the United States live on the coast. This means over 127 million people live in regions where the future of public health and safety, housing and job security, and environmental stability is threatened by coastal impacts of climate change. According to the U.S. Global Change’s Fourth National Climate Assessment, coastal cities will likely face a number of climate-related challenges before the end of the century, including sea-level rise, which would threaten property and infrastructure, degrade important ecological systems, and exacerbate social inequalities.

An estimated 35% of food that is produced is uneaten, with losses occurring along the supply chain from farms to consumers. The majority from non-industrial sources ends up decomposing in landfills, where it releases methane, a powerful greenhouse gas (GHG). Recycling food waste through anaerobic digestion (AD), in which bacteria break down organic material in the absence of oxygen and create biogas, can create a triple-win for GHG mitigation.

When it comes to the climate crisis, some say we can innovate our way out. In his 1989 essay The End of Nature, the writer Bill McKibben mused: “We may well be able to create a world that can support our numbers and our habits, but it will be an artificial world — a space station.”

Environmental justice (EJ) in federal policy to date has mostly involved conducting more public participation—a “process without substance,” as EJ pioneer Charles Lee puts it. In this month’s issue of ELR—The Environmental Law Reporter, Lee offers a road map for government agencies to effectively address EJ issues by developing an understanding of disproportionate impacts based on rigorous, holistic data, and operationalizing this analysis with a spectrum of policy actions.

The agricultural industry is developing fast. With new and emerging technologies on the rise, industrial agriculture continually strives to incorporate sustainability and efficiency into its operations. Although the industry produces significant pollutants, including animal waste, chemical fertilizers, pesticides, and other agricultural inputs and byproducts, incorporating new technologies, such as drones, helps to mitigate the hazardous pollutants associated with industrial agriculture. In addition to mitigating environmental harm, incorporating sustainable technology into agricultural practices can improve water conservation and bolster efficiency.

Per- and polyfluoroalkyl substances, a class of toxic synthetic chemicals collectively known as PFAS, are all around us—in the environment and in our bodies. According to the Agency for Toxic Substances and Disease Registry, most people in the United States have PFAS in their blood. Scientific studies have shown that exposure to these “forever chemicals” can lead to a variety of adverse health effects, including increased cholesterol, pregnancy complications, and kidney and testicular cancers; recent studies also suggest that PFAS may reduce resistance to infectious diseases such as COVID-19 and may reduce antibody responses to vaccines.