ELI cordially invites you to attend the annual reception and dinner, with this year’s award going to The Honorable Hank Paulson. October 25, 2016 Omni Shoreham Hotel 2500 Calvert Street, NW, Washington, DC ELI thanks our Super Star Sponsors 2016 Award Dinner 2016 Award «« Beveridge & Diamond «« Katten Muchin Rosenman LLP «« Crowell & Moring «« King & Spalding «« Gibson, Dunn & Crutcher «« Sidley Austin and our Star Sponsors of the 2016 Award Dinner! « American Express « Kirkland & Ellis LLP « Arnold & Porter « Latham & Watkins « Bayeco « Morgan, Lewis & Bockius LLP « Bergeson & Campbell « Paul Hastings LLP « Boeing « PepsiCo « Covington & Burling LLP « Perkins Coie « Dorsey & Whitney LLP « Pfizer « Dow Chemical Company « Pillsbury Winthrop Shaw « Exelon Pittman LLP « Farella Braun + Martel LLP « Skadden, Arps, Slate, Meagher « Geosyntec Consultants & Flom LLP & Affiliates « Greenberg Traurig, LLP « Toyota « Hess « Venable LLP « Hogan Lovells « West Academic « Husch Blackwell « Weyerhaeuser « IBM Corporation « The Wilderness Society « K&L Gates « WilmerHale « Keller and Heckman LLP Buy your tickets now at www.eli.org/award-dinner/tickets. For more information about Star Sponsorship, Proceeds from the 2016 ELI Award Dinner will please contact: Melodie DeMulling, (202) 939- help support the educational and research 3808, [email protected]. mission of the Environmental Law Institute. THE BRIEF Navigating Demands on Water LEAD FEATURE ❧ Drought is now a permanent feature of the American ecology. Meanwhile, demands on water supply are rising along with population increases, stressing endangered species. In response, existing statutes and litigation based on them are being stretched to their limits. By Kathy Robb Ralph Hunton & Williams Butler Page 24 A Virtuous Circle CENTERPIECE ❧ We live in a material world. The unsustainable consumption of natural resources translates into environmental degradation and increased business risk. Economic growth and raw materials need to be decoupled. Fortunately, there is a path forward. By Stanislaus Mathy Environmental Protection Agency Page 30 Making the Paris Agreement Work COVER STORY ❧ The challenge now is implementation. Creating a race to the top — an approach that could incentivize greater ambition — will require all elements of civil society, including environmental professionals, to reach the accord’s ambitious but eminently realizable goals. By John C. Dernbach and Donald A. Brown Henry Payne Widener University Law School With a SIDEBAR by Hari Osofsky of University of Minnesota Law School Page 34 The Man Who’s Got BLM’s Back PROFILE ❧ Steve Ellis operates at the interface of the political and the career workforce in this Department of the Interior agency tasked with managing the nation’s public lands, a fiery pivot point in the conservation conversation. By PHIL TAYLOR Greenwire Page 40 THE BRIEF Is OSHA a Failed Agency — Or an Unheralded Success? THE DEBATE ❧ Fatal occupational injuries have fallen by 60 percent since the Occupational Safety and Health Administration was created, but how much credit it deserves is the subject of this Debate. OSHA has been out front offering advice on workplace improvements and can claim credit for successes such as brown lung disease or HIV infection among healthcare workers. However, the agency has set exposure limits for only 18 hazardous substances in its 46 years of existence. What are the agency’s most Page 44 praiseworthy success stories? And if OSHA‘s achievements have been limited, who bears responsibility? What statutory, budgetary, organizational, structural, or philosophical changes could improve the agency’s record? BLOGS The Federal Beat ............................ 9 Clearing the Air ............................. 17 By David P. Clarke By Kathleen Barron Chemical Safety Act Is First New Environmental Acknowledging Role of Nuclear Power in Meeting Law in 20 Years. Climate Goals. Around the States ........................ 11 Science and the Law ................... 19 By Linda K. Breggin By Craig M. Pease Are State Agency Budgets Rising Enough to Meet The Plight of the Bugs, and the Failure of the New Challenges? Laws of Humans. In the Courts ................................. 13 The Developing World ................. 21 By Richard Lazarus By Bruce Rich Who’s On First? District, Appeals Courts Grapple Conservation Fads, Environmental Markets, and with Jursidiction. Climate Change. An Economic Perspective ........... 15 Notice & Comment ...................... 22 By Robert N. Stavins By Stephen R. Dujack Cap-and-Trade: How California Can Lead on Latest news on climate change is exceedingly Climate Policy. dire. The Paris Agreement offers the only hope. In the Literature: Oliver Houck on early America’s fur economy — Page 6 ELI Report: National Wetlands Awards presented at annual event — Page 52 Closing Statement: Scott Fulton on environment and justice — Page 56 The Environmental Law Institute makes The Institute is governed by a board of directors law work for people, places, and the planet. The In- who represent a balanced mix of leaders within stitute has played a pivotal role in shaping the fields the environmental profession. Support for the of environmental law, policy, and management, Institute comes from individuals, foundations, domestically and abroad. Today, ELI is an government, corporations, law firms, and internationally recognized independent other sources. research and education center known The Environmental Forum® is the for solving problems and designing fair, publication of ELI’s Associates Program, creative, and sustainable approaches to which draws together professionals in implementation. environmental law, policy, and manage- ELI strengthens environmental protec- ment. TheForum seeks diverse points of tion by improving law and governance view and opinion to stimulate a creative worldwide. ELI delivers timely, insightful, impartial exchange of ideas. It exemplifies ELI’s commitment analysis to opinion makers, including government to dialogue with all sectors. officials, environmental and business leaders, aca- For more information about ELI and its Associ- demics, members of the environmental bar, and ates Program, contact the Environmental Law In- journalists. ELI is a clearinghouse and a town hall, stitute, 1730 M Street NW, Suite 700, Washington, providing common ground for debate on important D.C. 20036, 202 939 3800 or 800 433 5120. Or environmental issues. visit our website at www.eli.org. The ELI Board of Directors José R. Allen Carrie Jenks Vickie Patton Wayne Balta Robert Kirsch Stephen Rahaim Kathleen L. Barron Elliott Laws William Rawson Laurie Burt Peter Lehner Martha Rees (chair) Alexandra Dunn Martha Marrapese Nicholas A. Robinson Amy Edwards Bradley M. Marten Lucinda Starrett Sheila Foster William Meadows Deborah Tellier Pamela M. Giblin Thomas H. Milch Tom Udall Phyllis Harris Tom Mounteer Benjamin Wilson Alan B. Horowitz Granta Y. Nakayama The Environmental Forum Advisory Board Braden Allenby William Eichbaum David J. Hayes Professor of Civil and Environmental Vice President Distinguished Visiting Lecturer Engineering World Wildlife Fund Stanford Law School Arizona State University Washington, D.C. Stanford, California Tempe, Arizona Adam M. Finkel Stephen Shimberg Lynn L. Bergeson Professor Principal Managing Director University of Pennsylvania Law SJ Solutions PLLC Bergeson & Campbell, P.C. School and University of Michigan Washington, D.C. Washington, D.C. School of Public Health Bud Ward David P. Clarke Paul E. Hagen Morris A. Ward, Inc. Principal Principal White Stone, Virginia Clarke Communications Consulting Beveridge & Diamond P.C. Bethesda, Maryland Washington, D.C. 4 |THE ENVIRONMENTAL FORUM Copyright © 2016, Environmental Law Institute®, Washington, D.C. www.eli.org. Reprinted by permission from The Environmental Forum®, September/October 2016 The Environmental Forum Stephen R. Dujack Attention ELI Members, Editor Rose Edmonds By reading this magazine, Assistant to the Editor you are putting your Laura Frederick ELI membership benefits ELI Report Editor to work.Be sure to utilize William J. Straub your other benefits Proofreader to the max! 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