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Analysis of Environmental Law Scholarship 2021-2022

The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute’s (ELI’s) Environmental Law Reporter in partnership with Vanderbilt University Law School. This Comment highlights the results of the ELPAR article selection process and reports on the environmental legal scholarship for the 2021-2022 academic year, including the number of environmental law articles published in general law reviews versus environmental law journals, and the topics covered in the articles.

88 FR 45417

EPA announced the availability of and seeks comment on draft guidance to expand the availability of virucidal claims for antimicrobial pesticides and provide framework for registrants who seek to make such claims.

88 FR 44852

The Mine Safety and Health Administration proposed to amend its existing regulations to better protect mine workers against occupational exposure to respirable crystalline silica, a carcinogenic hazard, and to improve respiratory protection for all airborne hazards.

88 FR 41541

The Pipeline and Hazardous Materials Safety Administration proposed amendments to its hazardous materials regulations to require all railroads to generate in electronic form, maintain, and provide to first responders, emergency response officials, and law enforcement personnel, certain information regarding hazardous materials in rail transportation to enhance emergency response and investigative efforts.

88 FR 39424

EPA seeks comment on the draft Cumulative Risk Assessment (CRA) Guidelines for Planning and Problem Formulation, which describe steps for the planning and problem formulation of CRAs and offer guidelines for when they could be appropriate.

88 FR 23499

The Federal Highway Administration seeks public input on the implementation of §60505, Environmental Review Implementation Funds, of the Inflation Reduction Act.

88 FR 21579

EPA provided an explanation of its decisions to deny two petitions submitted under the American Innovation and Manufacturing Act of 2020, the first requesting that the Agency provide an exemption for the use of certain regulated substances in pain relief sprays and the second requesting that the Agency subject gas canisters of certain regulated substances to import restrictions established under the HFC Allocation Framework Rule.

88 FR 17755

HUD proposed to revise regulations governing floodplain management and the protection of wetlands to implement the federal Flood Risk Management Standard, in accordance with Executive Order No. 16390, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input, to improve the resilience of Department-assisted or financed projects to the effects of climate change and natural disasters, and provide for greater flexibility in the use of HUD assistance in floodways under certain circumstances.

SDG 12: Responsible Consumption and Production

In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. In a forthcoming book, leading legal scholars examine each of the SDGs and recommend a suite of government, private-sector, and civil society actions to help the United States achieve these goals. This Article is adapted from Chapter 12 of that book, Governing for Sustainability (John C. Dernbach & Scott E. Schang eds., ELI Press, forthcoming 2023).

In the Clamor About Climate Change, Don't Ignore Natural Capital

Climate change has captured the attention of governments, regulators, international bodies, and the private sector. But climate change is arguably a single facet of a larger concern: the “rapid decline” in the integrity of nature. Climate and other natural systems are interconnected, and recent literature has focused increasingly on this “interdependence of climate, ecosystems, and biodiversity,” spurring a wide variety of organizations to reflect on the broader role nature plays in environmental sustainability.