White Paper on the Lack of Enforceability and Public Participation in the DC Environmental Policy Act

Students at the George Washington University Law School pursuing an independent research project performed legal research; scoured government websites; contacted government agencies, law firms, and nonprofits; and submitted Freedom of Information Act (FOIA) requests in order to find documents relating to the DC Environmental Policy Act (DC EPA). The culmination of their efforts are detailed in this white paper and the attached appendices. This paper will introduce the DC EPA, its provisions, legislative history, and case law; overview the requirements of the environmental review process, including opportunities for public involvement and public access to information; compare the DC EPA with NEPA; and highlight areas for reform that could bolster the efficacy of the DC EPA.

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Clean Air Act § 303 Coming into the Limelight 

Smoke Stack

Part 1: Legislative History and a Recounting of § 303 Uses

By Johanna Adashek

The Clean Air Act contains what can be considered an “Emergency Provision” or a “Substantial Endangerment Provision” that provides EPA with the authority to unilaterally issue orders to polluters substantially endangering the public health, welfare, or the environment. This broad and versatile power, while not frequently used, has demonstrated the potential to combat ongoing or imminent hazards from further harming the public or the environment. This post will review the legislative history of § 303 beginning with the emergency provision in the Air Quality Act of 1967 to the Clean Air Act of 1970 and two subsequent Clean Air Act amendments. After detailing how Congress has strengthened the emergency provision in Clean Air Act § 303, this post will then recount EPA’s use of § 303 over the past half century.

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Tesla and Greenwashing 

Tesla Chargers

By Maria LeLourec

Tesla’s Eco-Friendly Claims: Fact or Fiction? 

Led by its CEO, Elon Musk, Tesla Inc. has garnered widespread acclaim for its role in revolutionizing the electric vehicle (EV) industry and promoting renewable energy, the reduction of carbon emissions, and a more sustainable future.[1] The company’s eco-friendly image, however, is belied by accusations of greenwashing, with critics arguing that Tesla has exaggerated its environmental achievements to enhance its public image.[2]

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The Second Annual J.B. and Maurice C. Shapiro Distinguished Lecture on Global Climate Change and Energy Law

Shapiro Lecture Flyer

By Claudia Delgado

On October 26, 2023, GW Law’s Environmental and Energy Law Program hosted its second annual J.B. and Maurice C. Shapiro Distinguished Lecture on Global Climate Change and Energy Law. This lecture celebrates the vision and leadership of Professor Arnold Reitze, who founded and directed GW Law’s Environmental and Energy Law Program from 1970-2008. The Shapiro Distinguished Lecture brings globally recognized environmental experts to Washington D.C. to address cutting-edge issues on climate change and energy law. 

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The 2023 Earth Law Symposium and the Road Ahead

Participants in the 2023 Earth Law Symposium

By Johanna Adashek

At the intersection of people and the planet, Earth Law is a broad term encompassing the rights to a healthy environment, rights of nature, Indigenous rights, rights to future generations, and much more. Earth law is foundational in its emphasis on interdependency among Earth’s systems and its recognition that humans also flourish when the Earth can flourish. Earth law takes an ecocentric view, recognizing the inherent importance of protecting the Earth for the sake of the Earth itself. GW Law’s Environmental and Energy Law Program is proud to have co-hosted the 2023 Earth Law Symposium with the Earth Law Center, where experts, leaders, academics, and practitioners discussed and analyzed shortcomings and advancements in current statutes, regulations, legal systems, and governance strategies to protect our fragile planet and its vulnerable communities.

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