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The Environmental Justice Impacts of Plastic Pollution

Plastic pollution is a global environmental problem with a disproportionate impact on marginalized communities and other vulnerable groups. On June 27, 2023, the Environmental Law Institute (ELI), ELI’s Women in Environmental Law & Leadership initiative, the Monterey Bay Aquarium, and WilmerHale co-hosted a panel of experts who explored the environmental justice implications of continued production and disposal of plastics, and addressed key domestic and international policy efforts.

“Sustainable” Fashion's True Colors: A Proposal for “Restyling” the FTC Green Guides

The fashion industry continues to grow exponentially, along with marketers’ use of false and misleading claims about “sustainability” and other environmental attributes of fashion garments. This Article explores recent instances of greenwashing in the industry and other countries’ efforts to address the issue, and proposes specific ways that the Federal Trade Commission (FTC) should improve its guidelines for environmental marketing claims and expand enforcement.

Lost in Transmission: How to Bring More Clean Energy Onto the Grid

The Inflation Reduction Act and other policies are pushing solar, wind, and other clean energy technologies into the marketplace. But these generators struggle to make the physical connection to the electricity market because interconnection is proving to be a bottleneck; over 2,000 gigawatts of capacity are waiting to connect to the grid. This Article examines the Federal Energy Regulatory Commission’s (FERC’s) regulations that govern the entry of new generation resources onto the grid.

Tumultuous Beginnings of EPA Enforcement: An Insider's Account

James O. “Jim” McDonald was the first director of enforcement in the U.S. Environmental Protection Agency’s (EPA’s) Midwest regional office. His privately published autobiography, Holes in My Shoes: Tales of Growing Up in the Great Depression, provides a candid account of his impoverished childhood and his memorable experiences as a soldier, student, journalist, amateur athlete, and public health official.

Analyzing the Consequences of Sackett v. EPA

The U.S. Supreme Court’s May ruling in Sackett v. Environmental Protection Agency sharply limited the scope of the federal Clean Water Act’s (CWA’s) protection for the nation’s waters. The Court redefined the Act’s coverage of “waters of the United States” (WOTUS), effectively removing protection from many wetlands that have been covered under the Act for almost a half century. On June 8, 2023, the Environmental Law Institute hosted a panel of experts that analyzed the consequences of Sackett and discussed what actions can be taken to protect non-WOTUS waters.

Renewable Energy Federalism

This abstract is adapted from Danielle Stokes, Renewable Energy Federalism, 106 Minn. L. Rev. 1757 (2022), and used with permission.

Making Net Zero Matter

This abstract is adapted from Albert C. Lin, Making Net Zero Matter, 79 Wash. & Lee L. Rev. 679 (2022), and used with permission.

Making Participation in Algorithm-Assisted Decisionmaking in Climate Investments More Accessible and Equitable

In How Algorithm-Assisted Decisionmaking Is Influencing Environmental Law and Climate Adaptation, Ziaja provides a useful framework to analyze whether an algorithm-assisted decisionmaking (AADM) tool and its design process is procedurally equitable. Ziaja’s framework contains several different questions advocacy groups can use to analyze the AADM tools that are increasingly used for environmental resource governance, such as the INFORM and RESOLVE algorithms discussed in the article, which guide the allocation and distribution of water and energy resources.