The global transition to a carbon-neutral economy will bring about a surging demand for land and for minerals required in renewable energy technologies. It brings the threat of conflict between those seeking to develop these resources and those who live on the lands and risk displacement, loss of livelihood, and environmental contamination. These risks are particularly acute in Sub-Saharan Africa, though many Sub-Saharan countries have adopted legislation to prevent and peacefully resolve disputes.

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).

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.

October 18, 2022, marked the anniversary of the Clean Water Act (CWA), the primary federal law governing pollution control and quality of the waters of the United States. Though the Act has achieved vital successes, whether they can be sustained and how further progress can be made remain fundamental questions. On October 25, 2022, the Environmental Law Institute hosted a panel of experts at its 2022 Annual Policy Forum to evaluate the past 50 years of the CWA, while looking ahead to the next 50 years.

Underregulation is a common and persistent environmental law problem, with recent scholarly focus on individual contaminants of emerging concern (CECs), whose harm is not fully known. But little attention has been given to the general trend of underregulation with respect to these chemicals, or explaining why this systematic underregulation occurs. This Article posits that federal agencies have been unacceptably slow to initiate protective regulations, and even once regulations are promulgated, they leave regulatory gaps that continue to expose populations to harmful effects.

The field of environmental law has seen many changes over the years, with demonstrable legal and policy victories for cleaner air and water. While the face of the environmental movement in its beginnings was predominantly male, women have become more prominent and influential within environmental law and policy over the decades.

The U.S. legal cannabis market is an estimated $60 billion industry, with approximately 28,000 businesses operating and employing upwards of 300,000 people, and growing rapidly. Large-scale cultivation requires significant energy usage, nutrient and pesticide inputs, and water usage, resulting in cumulative environmental impacts. Addressing these concerns raises complex legal issues because of cannabis’ federal classification as a Schedule 1 narcotic, which prevents federal agencies from collecting data on, providing guidance to, or regulating the industry.

The circular economy has gone mainstream as a goal in the transitions toward a more sustainable society. Often, however, laws that promote a circular economy remain vague or narrowly focused on resource efficiency, obscuring the fact that they have multiple environmental effects and can lead to environmental trade offs. This Article examines how to properly frame circular economy laws for sustainability, focusing on product-service systems generally and the case of car sharing in particular.

The Biden Administration’s efforts to promote clean energy have prompted calls for permit reform. A clean energy economy demands a global increase in mineral production, and some suggest environmental standards must be loosened. This premise fails to distinguish among causes of delay in the permitting process, and increased demand for minerals should not overshadow the productive purposes served by permitting. At the same time, there are opportunities to improve permitting without compromising health and safety standards.

This Comment examines the legal framework for state protection of nonfederal waters and its implications for cooperative federalism. After a brief overview and legal background, it identifies some recent state actions that attempt to fill gaps in coverage created by changes in federal interpretations of the Clean Water Act. It then summarizes the current scope of state regulation of waters in every state, in order to discern the likely impact of changes at the federal level on the status of waters in the states.