Environmental Law and Policy/Governance
Great Salt Lake, Environmental Crises, and Securities Liability
Author
Elisabeth Parker, Brigham Daniels, Abigail Allen, and Corinne Doerner
Author Bios (long)

Elisabeth Parker is a Senior Attorney and Senior Fellow at the Wallace Stegner Center’s Law & Policy Program at the University of Utah, S.J. Quinney College of Law, an Adjunct Associate Professor of Law at the S.J. Quinney College of Law, and the Law & Policy Lead for the Great Salt Lake Project. Brigham Daniels is a Professor of Law at the S.J. Quinney College of Law, Co-Director of the Wallace Stegner Center, and Director of the Great Salt Lake Project. Abigail Allen is an Associate Professor of Accounting and the LeAnne Albrecht Fellow at the Marriott School of Management at Brigham Young University. Corinne Doerner is a Research Fellow at the Wallace Stegner Center’s Great Salt Lake Project.

Date
April 2025
Volume
55
Issue
2
Page
10186
Type
Articles
Summary

This Article examines the intersection of environmental crises and financial disclosure obligations through the lens of Great Salt Lake. As the lake shrinks to unprecedented levels, the resulting dust storms, diminished snowpack, and destabilized ecosystems increasingly threaten both the public health and economic viability of Utah’s most populous region, and economic impacts will extend far beyond industries directly dependent on the lake. These environmental threats can translate into material financial risks for publicly traded companies and municipal bond issuers, potentially necessitating disclosure under existing securities law. While industries directly reliant on the lake’s ecosystem may already face disclosure obligations, these will expand to include more sectors and geographic areas if the lake is allowed to continue to shrink. The Article argues that recognizing these growing securities liabilities presents a powerful additional reason for urgent policy interventions to restore the lake and safeguard the region’s long-term economic viability. This case study shows how localized environmental crises generate systemic vulnerabilities across economic sectors, with implications for similar situations worldwide.

Restricting Oil and Gas Leases Through Withdrawals Under OCSLA: Can A President Rescind?
Author
Carol J. Miller
Author Bios (long)

Carol J. Miller, Esq., is a Distinguished Professor at Missouri State University, where she teaches business law and environmental law.

Date
April 2025
Volume
55
Issue
2
Page
10153
Type
Comment(s)
Summary

This Comment focuses on energy developments offshore. Part I recognizes OCSLA’s purpose of balancing energy needs with protection of marine animals, coastal beaches, and wetlands. Part II discusses examples of presidential use of OCSLA §12(a) authority to protect (withdraw from leasing) portions of the OCS temporarily or permanently, including challenges to President Biden’s recent withdrawal of the East Coast, West Coast, and part of the Gulf of Mexico and Bering Strait from future oil and gas leases. Part III explores limitations on OCSLA §12(a) presidential authority to rescind or modify prior presidents’ withdrawals. Part IV details the need to protect marine mammals from impacts associated with oil and gas exploration, including seismic air gun blasting and sonar that significantly impairs hearing, communication, balance, feeding, and breeding. Part V examines the potential impact of President Trump’s wind moratorium. Part VI provides context for President Trump’s pro-energy/anti-environmental initiatives, and Part VII concludes.

Local Environmental Impacts of Data Center Proliferation
Author
Reid Lifset, Pranava Raparla, Amy Stein, Lauren Bridges, Jim McElfish, and Tim Cywinski
Author Bios (long)

Reid Lifset (moderator) is a Research Scholar at the Yale School of the Environment. Pranava Raparla was a Presidential Innovation Fellow at the U.S. Department of Energy. Amy Stein is the Cone Wagner Professor of Law at the University of Florida Levin College of Law. Lauren Bridges is an Assistant Professor in Media Studies at the University of Virginia. Jim McElfish is a Senior Advisor at the Environmental Law Institute. Tim Cywinski is Communications Director at the Virginia Chapter of the Sierra Club.

Date
April 2025
Volume
55
Issue
2
Page
10131
Type
Dialogue
Summary

Demand for data centers is increasing worldwide, raising questions about the electric grid, the transition to renewable energy, and distribution infrastructure. Northern Virginia is home to data centers that process nearly 70% of global digital traffic, leading officials to call for construction, at ratepayers’ expense, of new power plants and new transmission lines across four states, as well as the continued operation of coal-powered plants that had been scheduled to go offline. On December 6, 2024, the Environmental Law Institute and the Network for Digital Economy and the Environment co-hosted a panel of experts who examined the environmental impacts and policy implications of data center growth and the consequences for residents of Virginia and nearby states. Here, we present a transcript of that discussion, which has been edited for style, clarity, and space considerations.

H.R. 2160
Update Type
Committee Name
Committee on Ways and Means
Sponsor Name
Smith
Sponsor Party Affiliation
R-Neb.
Issue
5
Volume
55
Update Issue
9
Update Volume
55
Congress Number
119
Congressional Record Number
171 Cong. Rec. H1162

would amend the Internal Revenue Code to support upgrades at existing hydroelectric dams in order to increase clean energy production, improve the resiliency and reliability of the United States electric grid, and enhance the health of the nation's rivers and associated wildlife habitats.

H.R. 2122
Update Type
Committee Name
Committee on Transportation and Infrastructure
Sponsor Name
Foushee
Sponsor Party Affiliation
D-N.C.
Issue
5
Volume
55
Update Issue
9
Update Volume
55
Congress Number
119
Congressional Record Number
171 Cong. Rec. H1160

would strengthen and enhance the competitiveness of cement, concrete, asphalt binder, and asphalt mixture production in the United States through the research, development, demonstration, and commercial application of technologies to reduce emissions from cement, concrete, asphalt binder, and asphalt mixture production.

Additional Rescissions of Harmful Executive Orders and Actions
E.O. 14236
03/14/2025
90 Fed. Reg. 13037 (Mar. 20, 2025)

Additional Rescissions of Harmful Executive Orders and Actions

               By the authority vested in me as President by the 
               Constitution and the laws of the United States of 
               America, it is hereby ordered:

S. 1067
Update Type
Committee Name
Committee on Energy and Natural Resources
Sponsor Name
Coons
Sponsor Party Affiliation
D-Del.
Issue
5
Volume
55
Update Issue
8
Update Volume
55
Congress Number
119
Congressional Record Number
171 Cong. Rec. S1743

would strengthen and enhance the competitiveness of cement, concrete, asphalt binder, and asphalt mixture production in the United States through the research, development, demonstration, and commercial application of technologies to reduce emissions from cement, concrete, asphalt binder, and asphalt mixture production.

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