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Vibrant Environment

ELPAR 2020: Opportunities and Challenges for FERC to Price Carbon Emissions

ELR Staff
Wednesday, August 12, 2020

Electricity generation, one of the leading sources of greenhouse gas emissions, rarely accounts for the social cost of damages caused by carbon dioxide emissions. Embedding these costs into market rates is one way to address the pressing need for decarbonization. In this year’s Environmental Law and Policy Annual Review (ELPAR), a special issue of The Environmental Law Reporter, authors Bethany Davis Noll and Burcin Unel argue that addressing the price of emissions falls within the authority of the Federal Energy Regulatory Commission (FERC). The authors examine how imposing a cost on carbon aligns with FERC’s main goal of ensuring just and reasonable rates, and they explore opportunities and limits for FERC’s authority.

No Trespassing: The U.S. Environmental Movement’s Long History of Exclusion

road closed
Dominic Scicchitano
Monday, July 27, 2020

In recent years, scholars, journalists, and activists have drawn attention to the sexist, racist, classist, and homophobic attitudes that surround the U.S. environmental movement. Though the movement’s problematic aspects may come as a surprise to some, the exclusionary nature of mainstream contemporary environmentalism is no accident. The crusade to address the nation’s environmental issues was designed this way from the outset.

Public Participation at a Distance: Engaging in Gulf Restoration Processes During the Pandemic

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Stephanie Oehler
Tuesday, July 14, 2020

Public meetings are a fundamental component of many policymaking and planning processes, including the natural resource damage assessment (NRDA) process that aims to restore the Gulf of Mexico ecosystem and the permitting and environmental review procedures for individual projects.

Remote Depositions—An Expert’s Perspective

A.J. Gravel
Wednesday, July 1, 2020

I have been deposed dozens of times over the course of my career as an expert in forensic history and environmental cost analysis. Due to COVID-19, however, I recently sat for my first remote deposition wherein all parties (myself, defending attorney, deposing attorney, court reporter, and observers) were in different locations across the country and were connected to the deposition using a digital platform.

Getting to the Meat of the Matter

ELR Staff
Tuesday, June 16, 2020

The coronavirus pandemic is affecting a variety of industries, from travel to retail to restaurants. But perhaps the hardest-hit are meat and poultry processing plants, which have been experiencing outbreaks throughout the United States. In April, President Trump issued an Executive Order declaring these plants “critical infrastructure” to make sure they stay open, and the number of cases in these plants continued to rise in the days and weeks that followed. According to the Midwest Center for Investigative Reporting, as of June 15 there have been over 25,000 reported positive cases tied to meatpacking facilities in at least 235 plants in 33 states, and at least 90 reported worker deaths at 39 plants in 24 states.

New Executive Environmental Waiver—What Does It Do?

highway
James M. McElfish, Jr.
Jay Austin
Monday, June 8, 2020

On June 4, President Trump signed an Executive Order entitled “Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities.” The Order notes that in his March 13 declaration of a national emergency related to the pandemic, the President had invoked “national security” under the National Emergencies Act, 50 U.S.C. 1601 et seq., and “an emergency of nationwide scope” under the Stafford Act, 42 U.S.C. 5191(b).

A Three-Ring Balancing Act: Extinction, Conservation, and CRISPR

Micah Bradley
Linda Breggin
Monday, June 1, 2020

In his 2019 article, Governing Extinction in the Era of Gene Editing, Prof. Jonas J. Monast of the University of North Carolina School of Law recommends using the Endangered Species Act (ESA) framework to regulate the growing use of gene-editing technology.

The Proverbial Fork In The Road: NEPA’s Uncertain Future

ELR Staff
Wednesday, May 27, 2020

Heralded in 1970 as the nation’s “environmental Magna Carta,” the National Environmental Policy Act’s (NEPA’s) future seems uncertain. As Trump Administration initiatives threaten to diminish and perhaps even dismantle aspects of NEPA, an article in the May issue of ELR—The Environmental Law Reporter chronicles how this merely continues NEPA’s unfortunate trajectory, examining how the courts, the U.S.

Show Me! Laying the Foundation for the Next Generation of Environmental Peacebuilding

Carl Bruch
Wednesday, May 6, 2020

As documented by the New Security Beat, environmental peacebuilding has grown dramatically as a field in recent years. Across the security, development, and diplomatic communities, there is increased recognition that disputes related to natural resources and the environment can escalate to violence, fund armed conflict, and provide an incentive for peace spoilers.

What Judges Are Saying About Climate Science

Scott Fulton
Wednesday, April 22, 2020

It’s amazing how quickly humanity’s concern can shift when circumstanc­es demand it, and the coronavirus pandemic has riveted our attention. Even today, Earth Day, talking about anything else risks seeming detached or indifferent to the enormous suffering, disruption, and dislocation that the COVID-19 vi­rus has unleashed on the world. But I need to alert you to a new ELI report analyzing the other major challenge that will be waiting for us on the other side of our current crisis, one that, like the pandemic, is deeply informed by science.

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