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Volume 55 Issue 4 — July 2025

Checkout the latest cutting-edge law and policy articles from ELR below. New articles posted every month.

Comment(s)
by John C. Ruple, Justin Pidot, and Jamie Pleune

For the first time in nearly 50 years, following the federal government's recission of CEQ's NEPA implementing regulations on April 11, 2025, there are no governmentwide regulations in place to provide consistent direction to all federal agencies on how to implement the governmentwide procedural obligations established by NEPA. This Comment explains the costs of eliminating the common floor that the CEQ regulations had established for federal agencies conducting the environmental analyses required to comply with NEPA’s statutory mandate, and why those costs need not have been incurred.

by Ganeswar Matcha

The iron and steel sector contributes nearly 7% of global anthropogenic GHG emissions. As global climate commitments tighten and industrial decarbonization becomes urgent, green steel, produced using low-carbon alternatives such as green hydrogen and renewable electricity, has emerged as a potential solution. This Comment explores how national and international regulations are shaping the future of green steel, focusing on the interplay between climate policy and trade law.

by Emme Lighthouse

There is a startling lack of global regulation of the marine ornamental trade. The only international legal framework that governs the trade of marine ornamentals is the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Requirements under Appendix II help prevent traded species from reaching the point where they need stricter protections, while Appendix III targets species that range countries want help controlling in international trade. Yet both of these appendices are poorly equipped to help regulate the marine aquarium trade. This Comment proposes amendments to CITES and certification schemes as a means to enhance regulation of the marine aquarium trade. Expanding the listing criteria under Appendix III could fill gaps in data for species most at risk of overexploitation, and sharing technology among countries could increase efficiency at export and import and track species-specific trade data. Meanwhile, streamlined certification schemes through trade associations or through the CITES Secretariat could promote sustainability without creating too much of a financial burden on consumers.

by Justin L. McCarthy

In Marin Audubon Society v. Federal Aviation Administration, a divided panel for the D.C. Circuit cast significant doubt on the continued durability of CEQ’s NEPA regulations, stating that the agency lacked the authority to issue binding regulations governing federal agencies’ compliance with NEPA. This Comment argues that on closer examination of the court’s legal reasoning, these sweeping statements concerning CEQ’s regulatory authority actually amount to nonbinding dicta. The author further contends that even if these statements were not dicta, the Marin Audubon decision suffers from multiple errors in reasoning.

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