Environment 2021: What Comes Next?
Author
James M. McElfish, Jr., and Jay Austin
Date Released
July 2020
Environment 2021

The Trump Administration has taken dramatic and sweeping steps to remake federal environmental regulation and redefine the relationships among state and federal environmental decisions. This report, which assesses these steps, helps environmental practitioners, policymakers, and the public-at-large think about what lies ahead, looking particularly at our nation’s ability to address new problems and confront as yet unsolved challenges like environmental justice. The report identifies key categories of action affecting environmental regulation and examines some possible future outcomes.

Practitioners’ Guide to the Proposed NEPA Regulations
Author
James M. McElfish, Jr.
Date Released
February 2020
Practitioners' Guide to Proposed NEPA Regulations

On January 10, 2020, the Council on Environmental Quality published its proposal for a comprehensive rewrite of the National Environmental Policy Act (NEPA) regulations that govern how federal agencies identify, analyze, and mitigate for the anticipated environmental impacts of major federal actions. Comments are due on the proposal by March 10, 2020. This brief guide is in the nature of an issue-spotter to assist commenters and others in determining what changes have been proposed and how they may relate to familiar NEPA regulatory concepts.

New Report Examines the Federal-State Dynamic of Environmental Law and Policy
October 2018

(Washington, D.C.): While many environmental law and policy experts support giving states with demonstrated capabilities greater independence and flexibility in running delegated environmental protection programs, important concerns remain about what proposed reforms might portend, according to a new release by the Environmental Law Institute, The Macbeth Report: Cooperative Federalism in the Modern Era.

Fast Tracking Restoration: Addressing Resource Constraints in Federal Agencies
Author
Benjamin Solomon-Schwartz, Teresa Chan, Amy Streitwieser, Jay Austin, Azi Akpan
Date Released
December 2017

In general, federal agencies can only expend funds allocated to them through the Congressional appropriations process. Under some circumstances, however, federal agencies are allowed to accept outside funds or share personnel with other entities. This report highlights some of these circumstances. Appropriately applied, these provisions may assist federal agencies overseeing Gulf restoration in addressing at least some of their resource constraints related to environmental compliance.

Good Projects Checklist
Author
David Roche, Teresa Chan, Azi Akpan
Date Released
May 2017

Our Good Projects Checklist is intended to help members of the public determine whether a restoration project is good or not. It includes seven different elements of what to look for in a project. For each element, we provide: (1) a list of questions to determine whether a project adequately includes that element; (2) guidance on how to apply the element; and (3) an example of a Gulf project that satisfies the element.

Regulatory Reform in the Trump Era
Author
Senior Attorneys Jay Austin, Tobie Bernstein, and James M. McElfish, Jr., and Public Interest Law Fellow Benjamin Solomon-Schwartz
Date Released
March 2017
Regulatory Reform in the Trump Era

In response to the growing demand for unbiased answers and analysis on how deregulatory initiatives by the new Administration and Congress will impact environmental protection, governance, and the rule of law, the Environmental Law Institute (ELI) has released Regulatory Reform in the Trump Era. The report explains the legal mechanisms and processes that may get deployed, how they work, and the effect on the current regulatory landscape.

Comparative Federalism: Best Practices Analysis of Environmental Protection Authorities in Federal States
Author
Vrinda Manglik, Vikki Leitch, Catherine McLinn, John A. Pendergrass, Daniel Schramm, and Louise H. Yeung
Date Released
January 2010
Comparative Federalism: Best Practices Analysis of Environmental Protection Auth

This report provides a comparative study of how a number of nations share or distribute responsibility for governing with respect to environmental issues, and more specifically pollution control and prevention. The principal nations studied include Brazil, China, Mexico, and the United States, while information on selected aspects of environmental governance is provided for Australia, Canada, Germany, and Switzerland.

Clearing the Path: Citizen Science and Public Decision Making in the United States
Author
James McElfish, John Pendergrass, Talia Fox
Date Released
April 2016

This report was prepared by the Environmental Law Institute (ELI) with the Commons Lab at the Woodrow Wilson International Center for Scholars. It examines laws and policies that affect public decision makers’ ability to use and rely on information generated by citizen science projects. The report addresses how citizen science programs can be organized, conducted, and communicated to improve public decisions.

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