Vibrant Environment


All | Biodiversity | Climate Change and Sustainability | Environmental Justice | Governance and Rule of Law | Land Use and Natural Resources | Oceans and Coasts | Pollution Control

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.


California

While all eyes are on the challenge to EPA’s Clean Power Plan, currently being briefed in the D.C. Circuit, other forms of climate litigation are slowly gaining traction in courts around the country. In Oregon, where I live, a group of young plaintiffs have invoked the “atmospheric trust” theory in their attempt to compel the state government to regulate greenhouse gases; similar state-law actions are pending in Colorado, Massachusetts, Pennsylvania, and Washington. The Oregon youths have brought an even more ambitious suit against the entire federal government, alleging that its long history of climate change inaction amounts to a violation of their fundamental constitutional rights.

Nick Clinch

ELI notes with sadness the passing of Nicholas Clinch on June 15, 2016. Nick was an inspiration to his friends on the ELI Board during his tenure as a director from 1980 to 1986. He brought insights from his experience as a former Sierra Club Foundation executive director, former American Alpine Association president, author, and a legendary expedition leader who made profound contributions to American mountaineering. 

Brexit

As the head of a U.K.-based multinational’s Safety, Health, Environmental, and Sustainability function (and a former temporary resident of England), my fascination with the Brexit outcome has been marginally greater than, oh I don’t know . . . that of a Manhattan-based owner of a Scotland golf course. In fact, on the “morning after,” I was in a quaint Cambridge, U.K., hotel room preparing my remarks for a panel discussion later that day on the prospects for governments, financial institutions, and industry to collectively "rewire" our economy and promote sustainable growth.

Deepwater Horizon

Climate change and sea-level rise are reshaping the coastline along the Gulf of Mexico. Land is being lost at an alarming rate, especially in Louisiana, where subsidence is compounding the effects of sea-level rise. Across the Gulf Coast, communities are increasingly vulnerable as the seas rise, land subsides, saltwater intrudes, and marshes retreat. In the face of such monumental change, it is essential for communities to plan and adapt.

Fish

The 2016 Resumed Review Conference relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA) took place at U.N. Headquarters in Manhattan from May 23-27, 2016. The outcome document serves as an example of the challenges and limitations of international ocean governance.

In the years since the 2010 Resumed Review Conference, there has been positive news in the field of international conservation of the marine environment. Chile, Palau, and the United States have created new Marine Protected Areas (MPAs) in their Exclusive Economic Zones. In early 2015, representatives of 104 nations began drafting a legally enforceable international treaty, which is still under negotiation, for the protection of biodiverse areas beyond national jurisdiction (ABNJ). The treaty would limit unregulated activities on the High Seas and lead to the creation of a global MPA network.

Senator Rand Paul (R-KY)

The last thing the push for TSCA reform needs is another delay, and Senator Paul's unexpected interest in H.R. 2576 has caused just that. Under typical circumstances, a Member's focused interest in legislation is refreshing, and as today highlights, entirely too infrequent. In this instance, the circuitous road to TSCA reform is anything but typical—the complexity of the legislation has invited an unusual divisiveness that has frustrated passage—and delay is the enemy of the good.

palm tree

Earlier this month, the Deepwater Horizon trustees quietly released their Standard Operating Procedures (SOPs), which set out how the natural resource restoration monies totaling up to $8.8 billion will be “manage[d], implement[ed], and administ[ered]” over the long term. The SOPs therefore provide important details about how the restoration program will operate moving forward. The trustees approved these procedures on May 4, 2016.

nanotube

Timing is everything. Last week, the U.S. House of Representatives passed a bill, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, updating and reforming the Toxic Substances Control Act (TSCA), which hasn’t been revised since its passage in 1976. The overwhelming vote (403–12) reflected the fact that the chemical industry, much of the environment community, and most other interested parties have agreed on the need for such reform for years, if not decades.

William Eichbaum, former Vice President World Wildlife Fund

ELI was founded in 1969—a time when U.S. environmental law was in its infancy and needed a place for cultivation and growth (an imperative that is still incredibly relevant today given the interconnectedness and severity of conservation challenges across the globe). At that moment in time, individuals across the country looked around and saw rivers catching on fire, poor air quality making it hard for children to breathe, and unfettered toxic pollution.

International Colloquium: Judges and Environment

Welcome to our new ELI Blog: Vibrant Environment. I hope that through this blog we will find ourselves talking both to long-time friends and partners as well as new readers. ELI is a big tent, and we are pleased to invite you into our community. With this blog, we hope to transcend what might often be our typical audience of environmental lawyers and practitioners and communicate about the important work that we are doing conversationally. The blog will provide a platform for ELI staff to comment on current events and projects.