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Natural Resources and Peacebuilding: The Role of the Private Sector

Corporate participation in peacebuilding can be vital, but measures have to be taken to prevent companies from aggravating conflicts. This chapter illustrates how private investments can promote peacebuilding by contributing to economic development, dialogue, and reconciliation. It describes the challenges that exist in attracting and realizing investments and suggests ways in which private investments can be managed to be constructive, rather than destructive, to peace.

Annual Review of Chinese Environmental Law Developments: 2011

In 2011, China began its Twelfth Five-Year Plan. The Plan includes both new and revised rules and goals for environmental protection and management. This annual review covers updates in climate change mitigation, environmental protection as it relates to economic and social development, new rules on the protection of water resources, solid and radioactive waste issues, and public participation goals.

How “Extraordinary” Is Injunctive Relief in Environmental Litigation? A Practitioner’s Perspective

Despite recent efforts by the U.S. Supreme Court to emphasize the “drastic and extraordinary” nature of injunctive relief, many lower federal courts continue to issue injunctions in cases alleging harm to the environment as if injunctive relief were the norm rather than the exception. Apparently reluctant to accept constraints on the exercise of equitable powers, a number of federal courts have interpreted and applied the governing legal standard as set out in the Supreme Court’s 2008 Winter

Water, Climate Change, and the Law: Integrated Eastern States Water Management Founded on a New Cooperative Federalism

More robust planning and management is needed to confront new patterns of water use and increasingly extreme and less predictable climate-induced variations in water availability. Issues such as water allocation law, gaps in the array of water management objectives, and comparatively rigid and unresponsive operating rules for water  facilities are increasingly more significant. Neither the water law of most eastern states nor the existing water institutions are adequate to adapt to the challenges of less stable and potentially diminished water supply.

EPA’s Missed Opportunity to Ground Its GHG Tailoring Rule in the Statute: What the Situs Argument Would Mean for the Future of the PSD Program

On February 28 and 29, 2012, the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit heard oral argument in a series of closely watched lawsuits challenging regulations issued by the U.S. Environmental Protection Agency (EPA) to regulate greenhouse gas (GHG) emissions from automobiles and manufacturing facilities under the Clean Air Act (CAA). Many observers consider the suite of GHG lawsuits, brought by industry groups and state petitioners, among the most significant in CAA and  administrative law in the last 30 years. This is because the D.C.

An Environmental Legal Practitioner’s Guide to EPA’s Website

Because of the breadth of the Agency and its administrative responsibilities, locating useful information in a timely and effective manner can often be frustrating. In an effort to provide insight into this “green haze,” this Article is designed to provide the environmental legal practitioner with an annotated guide to EPA.gov, EPA’s public Internet portal.

TSCA Reform: Information Confidentiality, Availability, and Sharing

Several key issues emerged as pivotal in ongoing efforts to reform the Toxic Substances Control Act (TSCA). Progress on these complex issues is central to the success of TSCA reform. To foster further discussion of these critical topics, ELI convened a series of issue-specific lunchtime webinars during the summer and fall of 2011 that provided a forum for focused dialogue among key players. On Oct.

Existence and Persistence: Preserving Subsistence in Cordova, Alaska

Ordinary existence in Cordova, Alaska, illustrates an extraordinary range of subsistence practice. Despite cataclysmic disruptions to include the arrival of whites and the Exxon Valdez Oil Spill, the practice continues to animate a self-reliant and pluralistic society with a distinct local identity. The National Historic Preservation Act (NHPA) of 1966 is up to the crucial task of protecting subsistence in Cordova.