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The New Law of Geology: Rights, Responsibilities, and Geosystem Services

Humans are inescapably dependent upon geological processes and structures. Many of these interactions are direct, such as when we cultivate the soil or mine the earth. However, the terms of our interaction with geology are usually invisible and unacknowledged. Although the relationships are complex, a firm understanding of the environment and our dependence on it cannot ignore the interconnections between earth’s systems, including subsurface geology, vegetation, oceans, and atmosphere.

30 by 30, Areas of Critical Environmental Concern, and Tribal Cultural Lands

President Joe Biden’s Executive Order No. 14008 of January 2021 called for the Administration to conserve at least 30% of the nation’s lands and waters by 2030. To accomplish this ambitious “30 by 30” effort, the Order directed federal agencies to work with tribal governments, among others, to propose lands and waters as qualifying for conservation. This Comment examines "areas of critical environmental concern" and their potential role in the 30 by 30 program, particularly their potential to enlist tribal governments in helping to manage lands of tribal cultural significance. 

Greenflation: Are Commodity Prices Actually Rising?

What impact does inflation have on environmental sectors? Economists have recently raised concerns about “greenflation,” a term coined to describe rising commodity prices associated with going green, due to a higher demand for sustainable materials. The implementation of more carbon-neutral regulation and increasing environmental, social, and governance (ESG) practices may contribute to these rising costs. On January 26, 2022, the Environmental Law Institute hosted leading experts for an in-depth economic discussion about greenflation, regulations, and ESG practices.

Trade Agreements and Environment in Latin America

Inspired by the work of the Secretariat for Submissions on Environmental Enforcement Matters of the United States-Peru Trade Promotion Agreement, this Article surveys other environmental submission mechanisms in Latin America, looking at similarities and differences. Beyond the criticisms made of these processes, they have value as independent international bodies to review the effective enforcement of a country’s domestic environmental laws, and provide opportunities to reach out to civil society about legitimate concerns.

Federal Grazing Lands as “Conservation Lands” in the 30 by 30 Program

On January 28, 2021, President Joseph Biden issued Executive Order No. 14008 initiating the “30 by 30” program to “conserve” 30% of the nation’s lands and waters by 2030, but to date, the Administration has yet to clarify the standards defining "conservation" lands. In September 2021, Nada Culver, the acting director of the Bureau of Land Management (BLM), and Chris French, the deputy chief of the Forest Service’s National Forest System (NFS) confirmed at an annual Public Lands Council meeting that they believe the nation’s grazing lands “should [be] include[d]” in the 30 by 30 count.

Year One Review of the Biden Administration

Following a turbulent transition and in the midst of a global pandemic, Joseph R. Biden was inaugurated as the 46th President of the United States on January 20, 2021. In its first year, the Biden Administration prioritized climate and environmental justice initiatives through executive actions, legislation—including the $1.2 trillion Infrastructure Investment and Jobs Act—and international agreement at the 2021 Conference of the Parties in Glasgow.

EPA’s Opportunity to Reverse the Fertilizer Industry's Environmental Injustices

Seventy phosphogypsum stacks are scattered throughout the United States, concentrated in low-wealth and Black, indigenous, and people of color communities. These radioactive waste heaps have a long history of failures, and present a substantial hazard and unreasonable risk of harm. The U.S. Environmental Protection Agency (EPA) should swiftly move to regulate these environmental and public health hazards. This Article examines the regulatory failures that have given rise to the proliferation of phosphogypsum stacks in vulnerable communities and sensitive environments in the United States.

Addressing Cumulative Impacts: Lessons From Environmental Justice Screening Tool Development and Resistance

This Article discusses how disparate environmental burdens can be addressed using environmental justice (EJ) screening tools. It identifies states that have developed state-specific EJ screening tools, analyzes these tools’ functions, and identifies strategies to overcome resistance to them. The authors conducted interviews with multiple stakeholder groups to understand how state-specific screening tools are used, and make a series of recommendations for states to follow as they proceed in their efforts to develop EJ screening tools.