Prioritizing federal environmental regulation as the primary means of achieving dramatic, rapid reductions in greenhouse gas (GHG) emissions may be a strategic mistake. Regulatory mandates, particularly if based upon existing statutory authority, will be vulnerable to legal attack, obstruction, and delay; climate legislation can reduce legal risks and accelerate policy implementation, but only on the margin. Adopting regulatory controls will be immensely resource-intensive for the U.S. Environmental Protection Agency and other agencies.

In China, the year 2020 witnessed further evolution of environmental protection and development of legislation. This included adoption of the Civil Code, which contains several provisions on natural resources and environmental liability; a prohibition on the consumption of wildlife; and laws on biosecurity, Yangtze River protection, and environmental crimes. This Comment summarizes some of the year’s major developments.

In September 2020, IBM convened a round table of experts and stakeholders to discuss the potential of data and digital technologies to advance environmental sustainability. More than 25 participants representing government, the private sector, academia, and not-for-profit organizations from around the world attended the event, and explored the opportunities and challenges associated with using data to further environmental objectives. This Comment is adapted from the round table report.

The first biennial symposium of the Institute for Global Understanding at Monmouth University was held March 25-27, 2021. The symposium assembled experts from the government, nonprofit, academic, community, and private sectors to examine topics at the intersection of human rights and the environment and to propose solutions for the future. One session hosted panelists for a round table discussion on climate and energy justice. This Dialogue presents a transcript of that discussion, which has been edited for style, clarity, and space considerations.

Local land use law has evolved into a flexible and powerful technique for achieving sustainable development. This Article, adapted from Chapter 3 of Choosing to Succeed: Land Use Law & Climate Control (ELI Press 2021), looks at the authority and strategies that enable municipalities to lower their carbon footprint. It describes and analyzes many methods, both traditional and innovative, to use the power of local governments to reshape human settlements to mitigate climate change.

The United States’ federal environmental laws and many international treaties protecting the environment apply to the U.S. Department of Defense (DOD), both within the United States and at permanent overseas military installations. However, there are very few constraints on DOD actions in war zones and contingency areas, which leads to environmental harm.

The United States has introduced increasingly stronger measures to incentivize production of low-carbon synthetic fuels and to provide tax credits for carbon-dioxide utilization from direct air capture (DAC) projects. While this federal action has made substantial progress, it has not adequately kept pace with developments in carbon capture and sequestration and DAC technologies that produce low-carbon synthetic fuels. This Article aims to provide guidance on how the federal regulatory framework can draw level to the technological advancements, and proposes changes in two areas.

The Clean Air Act’s (CAA’s) prevention of significant deterioration (PSD) permitting program provides an opportunity for President Joseph Biden’s U.S. Environmental Protection Agency (EPA) to make a rapid improvement on the implementation of existing greenhouse gas (GHG) regulation. EPA’s Tailoring Rule, in 2010, made the PSD permitting program applicable to GHGs for stationary sources of air pollution. But as shown in this Comment, since 2010, PSD permits, mostly issued by state environmental agencies, have required little actual control of GHGs, specifically carbon dioxide (CO2).

With every passing day, the dangers of climate change are becoming more and more obvious. One of the myriad solutions proposed to combat this crisis is the addition of warning and informational labels to gas pumps, airline tickets, energy bills, and even food and drinks, detailing the effects our purchases have on the climate and quantifying the amount each purchase has in terms of emissions. Yet, any required labels would need to meet the First Amendment standard for government-compelled disclosures in commercial speech, set forth by the U.S. Supreme Court in Zauderer v.

Outdoor recreation is regarded as emphasizing sustainability through environmentally conscious branding, promoting healthy activities, and reinforcing appreciation for the natural world. Yet, the outdoor recreation sector has often failed to be representative of a variety of communities, especially non-white participants. On February 11, 2021, the Environmental Law Institute hosted a panel of experts that explored opportunities for improving diversity and inclusion in the outdoors and access to national parks, public lands, and outdoor recreation.