PFAS exposure is emerging as a disability that veterans want covered by the U.S. Department of Veterans Affairs (VA). With claims relating to environmental exposure, it is often difficult to prove the disability is a result of service and not something else. However, there is another way to get service-connected disability coverage as a veteran: presumption of service connection.
The Comment shows the importance of EJ and cumulative impact governance coming from municipalities by highlighting a specific case study that has worked: San Francisco.
This Comment examines the potential impact of the demise of Chevron deference on the environment and the health of residents of communities disproportionately affected by “cumulative impacts.” It reviews the Chevron deference doctrine and the U.S. Supreme Court’s overturning of that well-established legal precedent, discusses the goal of environmental justice for all communities and how the U.S. Environmental Protection Agency (EPA) has sought to secure that goal in accordance with the environmental laws administered by EPA, and offers some conclusions.
On June 13, 2024, the Environmental Law Institute and its Pro Bono Clearinghouse hosted the tenth installment of the continuing legal education series Community Lawyering for Environmental Justice, focusing on the environmental justice implications of “forever chemicals,” including per- and polyfluoroalkyl substances (PFAS). A panel of experts highlighted developments, challenges, and opportunities in this burgeoning area, and discussed research on the disproportionate exposure experienced by communities of color; the U.S.
Plastic pollution is emerging as a defining crisis of our time. The United States has set a national goal to eliminate plastic release into the environment by 2040 and is engaging in negotiations on a global plastics treaty while simultaneously developing a national strategy. A recent report published by the Environmental Law Institute (ELI) and the Monterey Bay Aquarium provides a comprehensive overview of existing legal authorities the federal government can leverage to achieve this national goal while safeguarding human health and the environment.
Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for injury to natural resources resulting from releases of hazardous substances or oil. Designated officials are authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA), among others, to act as “trustees” on behalf of the public or tribes.
From cookware to dental floss to stain-resistant fabrics, PFAS, or per- and polyfluoroalkyl substances, pervade modern life. PFAS are a family of thousands of synthetic chemicals that have a variety of unique qualities that make them useful in industrial and consumer product applications. Unfortunately, there is a growing scientific recognition that many PFAS come with a cost to public health and the environment. While federal and state action is just beginning for PFAS and the regulatory landscape is changing quickly, the toxicity of many PFAS has been well-established.
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.
With passage of the Inflation Reduction Act and Water Resources Development Act of 2022, the statutory landscape has changed to reflect the Biden Administration’s emphasis on environmental justice. On February 27, 2023, the Environmental Law Institute (ELI) and ELI’s Pro Bono Clearinghouse co-hosted a panel of experts who explored how communities can leverage the statutory changes that have taken place, what decisions have been left up to agencies, and how proposed legislation, like the Environmental Justice for All Act, will affect future environmental justice efforts.
This Article explores the environmental justice, climate justice, and sustainable development implications of the recently enacted Inflation Reduction Act, which encourages domestically produced and processed minerals for the country’s energy transition from fossil fuels.