Center for Progressive Reform’s Post

The National Environmental Policy Act is a bedrock environmental law that can be leveraged in service of a just and equitable transition *FROM* fossil fuels *TO* renewable energy at the scale the climate crisis demands (emphasis important). The Council on Environmental Quality's new Bipartisan Permitting Reform Implementation Rule is crafted in that light. But keep in mind: misplaced attacks on the National Environmental Policy Act are relentless and will continue. As these attacks are levied, keep something else in mind: they are far too often premised on anecdote, cherry picked data, and a profound misunderstanding of how the process works and what really causes delays in permitting. Fortunately, new empirical analysis is emerging to help us properly diagnose where the true challenges are located. I look forward, in particular, to reading a new forthcoming paper from Federico Holm of the Center for Progressive Reform, previewed in the post below.

This is big. See the highlights in the article.

Here is our latest update on stage 2 of proposed Federal environmental law reforms which seek to implement elements of the Federal Government's Nature Positive Plan. Happy reading! #environmentallaw #naturepostive #epbcreforms

To what extent is the NEPA process responsible for slow project development and policy implementation? I reviewed 40+ empirical studies and reports to answer this question, now published in the May/June issue of the Environmental Law Institute's Environmental Forum. A PDF is also available on our website: Center for Progressive Reform To put it briefly, the findings severely undermine NEPA detractors. In the overall lifecycle of a project or policy decision, from proposal to implementation, environmental reviews are rarely the primary cause of delay.  The majority of NEPA decisions are made within a reasonable time given the complexity of the projects involved and their expected environmental impacts. Moreover, most delays in the NEPA process are not intrinsic to the environmental reviews themselves. Delays tend to stem from exogenous factors, such as budgetary constraints, lack of or delayed communication, and insufficient coordination between authorities and levels of government.    You can read the full review article on NEPA timelines and proposed solutions, and the full list of articles reviewed here: https://lnkd.in/gcj7mxdh.

The tale of environmental principles in EU law is an unfinished one. First introduced in the Single European Act and later codified in Articles 11 and 191 TFEU, they have been the subject matter of copious literature throughout the years. The paramount role of principles is likely to increase in light of the need to interpret a large package of new and complex environmental norms in secondary EU law as a result of the Green Deal legislative actions. To examine the evolving role of these principles in EU environmental law, Professors Mariolina Eliantonio (Maastricht University), Marjan Peeters (Maastricht University), and Emma Lees (University of Cambridge), are organising the workshop “The Evolving Role of Principles in EU Environmental Law.” In this context, I will be pleased to hold a presentation titled: “To Green or to Grow? – Addressing the Legal Implications of the European Green Deal’s Reliance on the Growth Paradigm to Achieve Climate Neutrality and the Relevance of the Precautionary Principle”. The workshop will be held on 4–5 November. If you wish to participate online, you can register here: https://lnkd.in/dKuWjeQy. Looking forward to fruitful discussions!   #EU #EULaw #GreenDeal #EnvironmentalPrinciples #Precaution #EnvironmentalLaw #Environment #ClimateChange #Sustainability

If you need an overview of the main EU Environmental laws and latest trends, look no further than our contribution to the Chambers and Partners EU Environmental law chapter below. Everything from REACH, WEEE, and RoHS 2 to packaging, water law and ecocide ♻ 💧. #ESG #euenvironmentallaw #REACH #WFD

ENVIRONMENTAL LAW IN A GLOBAL SOCIETY [LORD CARNWATH SPEECH] Courts and judges play a key role in advancing environmental laws through various mechanisms: 1. Interpretation and Application of Laws: Courts interpret and apply environmental laws to resolve disputes, clarify legal principles, and set precedents that guide future cases. 2. Judicial Review: Courts conduct #judicialreview of government actions and policies to ensure compliance with environmental laws and constitutional provisions. 3. Enforcement of Environmental Regulations: Courts enforce environmental regulations by issuing orders, injunctions, and penalties against individuals, companies, or govt entities that violate environmental laws. 4. Public Interest Litigation: Courts entertain public interest litigation filed by environmental activists, NGOs, or concerned citizens to address environmental issues affecting the community or ecosystem. 5. Innovative Remedies: Judges have employed innovative remedies such as continuing mandamus, community service orders, and specialized environmental tribunals to address environmental violations effectively and promote sustainable practices. 6. International Adjudication: International courts and tribunals, such as the ICJ, have adjudicated disputes between states concerning transboundary #environmental issues, setting legal precedents and promoting cooperation in environmental governance. Legal principles play a crucial role in bridging the gap between scientific knowledge and political action in addressing environmental issues by providing a framework for translating scientific findings into actionable policies and regulations. 1. Legal principles can mandate the incorporation of scientific evidence into decision-making processes, ensuring that policies and regulations are based on sound scientific knowledge and data. 2. The precautionary principle, a fundamental tenet of environmental law, allows decision-makers to take preventive action in the face of scientific uncertainty or potential harm to the environment. 3. Legal principles promoting sustainable development aim to balance environmental, social, and economic considerations. By integrating scientific knowledge on ecological limits and resource management into legal frameworks, SDGs can be achieved. 4. The polluter pays principle holds polluting entities financially responsible for environmental damage caused by their activities. This principle incentivizes industries to internalize environmental costs. 5. Legal principles establish enforceable standards and regulations based on scientific assessments to control pollution, protect natural resources, and mitigate environmental risks. 6. Courts play a critical role in ensuring that political actions align with scientific evidence and legal requirements. Judicial review of govt decisions based on scientific principles can hold policymakers accountable. Sunita Rajakumar Johan Raslan Gary Theseira

When it comes to environmental law and regulations, the only question now remaining is when—and not if—the courts will be asked to resolve contentious issues, says Crowell & Moring’s Elizabeth Dawson. Read more in the #LitigationForecast:

Now that the Chevron doctrine has been repealed, what will be the consequences for the interpretation, administration, and promulgation of US environmental laws? Read our LawFlash for more: https://bit.ly/4btAeMn

When it comes to environmental law and regulations, the only question now remaining is when—and not if—the courts will be asked to resolve contentious issues, says Crowell & Moring’s Elizabeth Dawson. Read more in the #LitigationForecast: