Vibrant Environment

“The future has arrived—it’s just not evenly distributed yet,” observed writer William Gibson, whose observation was cited during the Environmental Law Institute’s November 17 webinar, “Digital Solutions to Climate and Water Challenges,” the first in a series that will serve to continue exploring the dynamic intersection of policy and cutting-edge technologies begun in 2019 with ELI’s inaugural GreenTech conference in Seattle.

Let me begin this blog by stating that I support the Joe Biden Administration’s effort to address environmental injustices in this nation. I just wish that it had taken a legislative-focused path to help bring about profound changes in the lives of tens of millions of Black and Brown and poor people.

On August 5, 2015, EPA personnel assigned to mitigate pollutants from the foreclosed Gold King Mine in Colorado caused the discharge of toxic wastewater into the Animas River watershed, releasing lead, arsenic, and other metals and toxic elements. Even though Colorado Governor Hickenlooper eventually declared the area a disaster zone, the delayed response and devastating environmental impacts from the Gold King Mine wastewater spill revealed an urgent need to address the nearly 500,000 Abandoned Mine Lands throughout the United States.  According to the EPA, the total cost to clean up AMLs ranges from $50-70 billion. Although the burden of mitigating toxic pollutants from AMLs may appear to rest solely upon the federal government, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) mandates that the party responsible for AML hazardous contamination must assume financial responsibility.

An incoming administration stocked with veterans of prior government service is uniquely suited to appreciate the central role of administrative law in American governance. But the day-one actions of the Biden Administration put an exclamation point on this observation.

President Donald Trump’s policies appear to be at odds with the environmental justice (EJ) movement, but little work has been done to test their true impact. Trump proposed or completed rollbacks of nearly 100 environmental regulations, repeatedly rejected calls for action on climate change, and continuously sought to cut funding for the U.S. Environmental Protection Agency, including for environmental justice. These regressive policies seem likely to harm poor and minority communities most, especially following what many saw as promising progress under President Barack Obama. But how are these policy changes actually impacting the cause of EJ? How can we assess actual progress toward EJ’s multifaceted goals?

The Mississippi River Delta and Louisiana coastline are disappearing. Since the late 1920s, efforts to control the Mississippi through levees and dams have impeded its natural ability to deposit sediment downstream, contributing to large-scale land loss. It’s estimated that Louisiana’s coastal parishes lost roughly two thousand square miles of land between 1932 and 2016. As rising seas driven by climate change threaten to further consume the Gulf coast, there is an imperative to address the growing problem of shrinking landmass. Confronting this threat with a sense of urgency will allow for preservation of Louisiana’s communities, economies, and cultural resources into the future.

Environmental agencies are increasingly transforming their approach to citizen science, from viewing it as a source of data primarily for education and awareness to a potential source of concrete value for their programs. Although this relationship has existed for some time, the emergence of new technologies, an increasingly aware public, and the rise of unexpected pollution events has reinvigorated the way agencies and the public work together.

As we are moving from an aggressively deregulatory period to one in which regulation is more likely to be seen as important in advancing environmental policy, let’s take a quick look at what to anticipate from the three branches of the federal government.

National Environmental Policy Act (NEPA) administration is in a serious tangle, given new Trump Administration regulations, the long-standing procedures administered by scores of federal agencies, and inconsistent environmental review obligations depending on various dates. This knot, like the legendary knot of King Gordias, is not easily unraveled. But it is not impossible.

Harbouring the vast majority of life on Earth, forests are a vital natural resource that provide ecosystem services essential for life and livelihoods. Forests are sources of important raw materials such as timber, wood fuel, and non-timber-forest products. However, competition to access forests, like many natural resources, is often a motive for human conflict. The United Nations Environment Programme (UNEP) estimates that in the last 60 years, at least 40 percent of all intrastate conflicts have had a link to natural resources.