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BLM’s Federal Lands Fracking Rule: Merits and Ramifications

On March 20, 2015, the Bureau of Land Management (BLM) issued a final rule regulating hydraulic fracturing on federal and Indian lands. The new regulations will require public disclosure of chemicals used in fracking fluids, higher standards for storing water produced by wells, and the provision of more geologic information in an effort to decrease the risk of crosswell contamination. Though the rule will only impact about 100,000 wells, or 10% of fracking operations in the United States, critics from across the political spectrum have challenged it in the press and in the courts.

Federal Environmental Permitting of Offshore Aquaculture: Coverage and Challenges

Aquaculture is an important and growing element of the domestic and international food supply; however, the industry has grown slowly in the United States, where offshore facilities remain rare despite recent interest in deploying new facilities. Commentators have blamed this situation on a complex regulatory environment and unsettled regulatory practice.

Habitat Conservation Plans and Climate Change: Recommendations for Policy

Habitat conservation plans (HCPs) are critical tools for managing species and their habitats. Climate change poses special challenges for successful habitat conservation planning, but there are several steps to take to address these challenges. Key provisions in government regulations and guidance are at odds with considering climate change in HCPs, and revisions are recommended, including reliance on adaptive management.

Field Notes From the Far East: China’s New Public Interest Environmental Protection Law in Action

On May 15, 2015, the Nanping Intermediate People’s Court in Fujian Province conducted the first-ever Chinese trial involving environmental civil public interest litigation. The case, which concerned resource destruction and environmental restoration related to an illegal mining site, was heard under China’s new Environmental Protection Law, a strongly worded mandate that includes, among other potentially far-reaching provisions, a right of standing for nongovernmental organizations to bring environmental cases.

Working Landscapes: The Future of Land Use Policy?

The history of land use in the American West has traditionally been one of conflict, but the divisive relationships between ranchers, foresters, land management agencies, recreational users, and conservationists are transforming. Grassroots coalitions have developed among unlikely allies. Together, they are advocating for management approaches that incorporate local knowledge, community needs, and sound environmental stewardship.

Negotiating EPA Penalties: EPA’s Penalty Policies and the 2013 Civil Monetary Penalty Inflation Adjustment Rule

On December 6, 2013, the U.S. Environmental Protection Agency (EPA) increased the statutory maximums for 20 of the 88 civil penalties it administers. At the same time, EPA also revised its civil penalty policies and increased the gravity-based component of all penalties by 4.87% for violations occurring after December 6, 2013. These recent increases are an important reminder that EPA has the statutory authority to pursue significant, and in some cases enterprise-threatening, penalties for environmental violations.

Prosecutorial Discretion and Environmental Crime

The environmental laws create a complex regulatory system affecting a wide range of economic activity in the United States. Given the wide range of potential environmental violations, it might have been preferable for Congress to specify which environmental violations could result in criminal prosecution. Instead, Congress made only limited distinctions between acts that could result in criminal, civil, or administrative enforcement.

Mapping, Modeling, and the Fragmentation of Environmental Law

Over the past four decades, increased data availability, new software systems, and exponentially greater computing power have combined to turn spatial analysis—that is, quantitative analysis of data coded to specific geographic coordinates—into the coin of the environmental realm. Thousands of analysts in dozens of fields now spend their days gathering and crunching spatial data. Their efforts serve a wide variety of purposes and are leading to new ways of conceptualizing ecological systems and environmental change.