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Electronic Reporting and Monitoring in Fisheries: Data Privacy, Security, and Management Challenges and 21st-Century Solutions

As human populations have more than doubled since 1960, pressure on wild fish stocks has increased dramatically. This Article argues that the establishment of an electronic reporting and monitoring regime in U.S. fisheries is both necessary to ensure compliance with statutory imperatives to manage them according to best available science, and essential for continued long-term viability of the U.S. fishing industry.

Corporate Renewable Energy Goals: What Does “100% Renewable” Really Mean?

There is a movement among companies to use more renewable energy and less energy obtained from fossil fuels. Some are pledging to go “100% renewable,” while many others have set goals to rely on substantial percentages of renewable energy. In addition to setting these goals, many companies report on how much renewable energy they currently use, and convey this information in annual sustainability reports or in publicly issued statements and news releases.

Overcoming Impediments to Offshore CO2 Storage: Legal Issues in the United States and Canada

Limiting future temperature increases and associated climate change requires immediate action to prevent additional carbon dioxide being released into the atmosphere and to lower the existing atmospheric carbon dioxide load. This could be advanced through carbon capture and storage (CCS), which involves collecting carbon dioxide that would otherwise be released by power plants or similar facilities and injecting it into underground geologic formations, where it will remain permanently sequestered.

Interior’s Authority to Curb Fossil Fuel Leasing

In his recent statements and testimony before the U.S. Congress, Secretary of the Interior David Bernhardt has expressed doubt he has the legal authority to limit his unrelenting campaign to lease fossil fuels on America’s public lands. He has supplemented this by offering a rather bizarre argument that he has no such obligation because carbon emissions are being curbed more in the United States than in many other countries. The U.S. Department of the Interior (DOI) reported not long ago that these emissions account for about one-quarter of total U.S. carbon emissions.

Rethinking the Federal-State Relationship

Cooperative federalism can lead to more efficient and pragmatic environmental protection, and allow states to develop effective programs tailored to their needs and resources. Nevertheless, the future of the federal-state relationship in the environmental context is uncertain as state and federal priorities come into conflict: for instance, EPA’s proposal to revoke California’s authority to regulate tailpipe emissions of greenhouse gases. Recent reports have begun a discussion on the future of cooperative federalism and environmental protection, but significant questions remain unanswered.

Pollution Prevention and Rethinking "Waste"

“Reduce, Reuse, Recycle” is the call to arms of the mainstream environmental movement. While these actions may seem simple for households, decisions to reduce, reuse, and recycle in the commercial and industrial spheres require innovation, creativity, and risk. New practices in the organic waste and hazardous waste sectors have revolutionized our perspectives on waste and resource use, and contributed to reductions in pollution.

The D.C. Circuit Takes a Wrong Turn: Redefining Solid Waste Under RCRA

Under RCRA, EPA must impose rules for the control, management, and disposal of “hazardous waste.” The definition of solid waste (DSW) issue refers to a set of complex rules for determining whether recycled hazardous secondary materials are subject to RCRA Subtitle C. The U.S. Court of Appeals for the District of Columbia (D.C.) Circuit has issued several decisions on the DSW issue; the most recent invalidated two significant provisions of EPA’s most recent DSW rule, the “along for the ride” criterion and the verified recycler exclusion. This Article argues that the D.C.

Making the International Trade System Work for the Paris Agreement: Assessing the Options

If the Paris Agreement’s 2°C goal is to be achieved, unprecedented efforts across all areas of socioeconomic activity are needed. National climate policy measures with direct or indirect trade implications stand the risk of colliding with the rules and requirements put forward by international trade agreements. Leaving the fate of climate measures to the WTO dispute settlement system is associated with risks and uncertainty, and could lead to a chilling effect on investment in climate mitigation and adaptation.

Annual Review of Chinese Environmental Law Developments: 2018

In China, the year 2018 witnessed important institutional changes for environmental protection and the development of some major environmental legislation. These included administrative restructuring; the revision and adoption of legislation on environmental impact assessment (EIA), soil pollution, and noise pollution; and a judicial interpretation on damage to the marine environment. This Comment summarizes some of the year’s major developments.

CWA In-Lieu Fee Mitigation: Project and Programmatic Risks

In 2008, after prompting by the U.S. Congress, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) issued a regulation governing compensatory mitigation under the Clean Water Act (CWA). The agencies’ primary goal was to improve the effectiveness of mitigation projects to offset the impacts of filling wetlands and streams. The 2008 Compensatory Mitigation Rule was also designed to level the playing field for the three types of mitigation providers: mitigation banks, in-lieu fee (ILF) programs, and permittee-responsible mitigation.