Redeveloping Brownfields in Disadvantaged Communities Should Be the Least Controversial, Most Actionable Proposal in Biden’s Infrastructure Plan
Definitions of equity and justice
Monday, April 12, 2021

President Joseph Biden’s March 30 announcement to spend $2 trillion fighting climate change, decarbonizing the economy, and creating jobs did not lack detail—the White House “summary” ran 25 pages with 79 subheadings, each containing numerous subproposals. Among these big ideas about offshore wind development, digital grid infrastructure, and green job training programs is a proposal that could have come from any administration over the last five decades: redeveloping blighted industrial properties to improve outcomes for distressed, disadvantaged communities.

Toward a New Generation of Environmental Justice Policy
Black Lives Matter protest
Thursday, March 25, 2021

Environmental justice (EJ) in federal policy to date has mostly involved conducting more public participation—a “process without substance,” as EJ pioneer Charles Lee puts it. In this month’s issue of ELR—The Environmental Law Reporter, Lee offers a road map for government agencies to effectively address EJ issues by developing an understanding of disproportionate impacts based on rigorous, holistic data, and operationalizing this analysis with a spectrum of policy actions.

Deepwater Horizon Aftermath: Chronic Medical Conditions Still At Issue in Federal Courts
Oil cleanup Deepwater Horizon
Thursday, March 11, 2021

The Deepwater Horizon exploded in the Gulf of Mexico more than 10 years ago. Yet hundreds of individuals across the Gulf coast are still battling BP in court for damages related to a host of ailments arising from exposure to oil, dispersants, or both. A recent order out of the Northern District of Florida (N.D. Fla.) granting BP’s summary judgment motion as to one set of plaintiffs may be a sign of things to come. Regardless of this ruling, the sheer volume of these cases may occupy dockets for months or years.

Presidential Administrations and Environmental Justice
United States Capitol building
Wednesday, January 20, 2021

President Donald Trump’s policies appear to be at odds with the environmental justice (EJ) movement, but little work has been done to test their true impact. Trump proposed or completed rollbacks of nearly 100 environmental regulations, repeatedly rejected calls for action on climate change, and continuously sought to cut funding for the U.S. Environmental Protection Agency, including for environmental justice. These regressive policies seem likely to harm poor and minority communities most, especially following what many saw as promising progress under President Barack Obama. But how are these policy changes actually impacting the cause of EJ? How can we assess actual progress toward EJ’s multifaceted goals?

Citizen Science and Environmental Agencies
Cover of Citizen Science Programs at Environmental Agencies report
Tuesday, January 12, 2021

Environmental agencies are increasingly transforming their approach to citizen science, from viewing it as a source of data primarily for education and awareness to a potential source of concrete value for their programs. Although this relationship has existed for some time, the emergence of new technologies, an increasingly aware public, and the rise of unexpected pollution events has reinvigorated the way agencies and the public work together.

Cutting the NEPA Rules’ Gordian Knot
Knotted rope
Tuesday, December 22, 2020

National Environmental Policy Act (NEPA) administration is in a serious tangle, given new Trump Administration regulations, the long-standing procedures administered by scores of federal agencies, and inconsistent environmental review obligations depending on various dates. This knot, like the legendary knot of King Gordias, is not easily unraveled. But it is not impossible.

Reasserting Tribal Forest Management Under Good Neighbor Authority
Forest
Monday, December 14, 2020

Earlier this year, the Environmental Law Institute hosted a webinar on cultural fire management—just prior to yet another devastating fire season across the West Coast of the United States. The discussion highlighted the millennia of Indigenous peoples’ sustainable forest management practices, drawing a sharp contrast with the consequences of over a century of federal fire-suppression policy, now exacerbated by climate change. That discussion now prompts a deeper conversation about options available to Indigenous tribes for regaining their stewardship role over forest resources on their traditional lands.

Climate Justice and the Role of State Climate Litigation
Gavel
Wednesday, December 9, 2020

The principles of climate justice state that those who are least responsible for greenhouse gas emissions, both globally and in the United States, are the ones most affected by the adverse effects of climate change. In this month’s issue of ELR—The Environmental Law Reporter, environmental justice pioneer Barry Hill examines a variety of legal doctrines that states can use to litigate fossil fuel companies to address climate injustices, using Rhode Island v. Chevron Corp. as a model.

The Real Propaganda on Race
leaf
Tuesday, September 22, 2020

It’s easy to grow numb in the face of the parade of problems our country has been experiencing, but news of the Trump Administration’s recent decision to defund diversity training across the federal government and to try to prevent federal contractors and grantees from engaging in such training jolted me with the force of a defibrillator. It is shocking that in the midst of a period of the worst racial unrest in many decades, this is what the Administration is bringing forward.