More Bog for the Buck: Leveraging NEPA Efficiencies to Increase Restoration
Coastal wetlands
Wednesday, September 27, 2017

On August 30, the Gulf Coast Ecosystem Restoration Council (the “Council”) announced that it is seeking public comment on a proposal to “approve implementation funding for the Robinson Preserve Wetlands Restoration project” in Florida. If the proposal is approved, the Council will allocate $1,790,546 in RESTORE Act (Pot 2) funds to implement the project, including a “reallocat[ion of] $470,910 from planning [funds] to implementation.” According to the Council, the project will restore approximately 118 acres of habitat, including coastal upland, wetland, and open water habitat types, in the Tampa Bay Watershed.

Mitigating Ocean Noise Impacts on Marine Mammals in Areas Beyond National Jurisdiction
Underwater noise can cause injury or death to whales (Christopher Michel).
Monday, September 25, 2017

Humans are rapidly increasing their industrial use of the ocean and its resources, resulting in great increases in underwater noise. Commercial shipping, naval sonar, seismic exploration, pile driving, acoustic deterrents for fishing, and seabed mining all produce ocean noise.

Getting Serious About Playing Games: ELI Designs Award-Winning Educational Game
ELI's Cards Against Calamity board game engages coastal communities in resilienc
Monday, July 31, 2017

ELI’s Technology, Innovation and the Environment project targets the market for serious games with our new game, Cards Against Calamity, a multiplayer board game that explores coastal communities’ resilience to crises. Cards Against Calamity was developed in collaboration with 1st Playable Productions and funded by the National Oceanic and Atmospheric Administration (NOAA).

Bluefin Tuna: Critically Endangered Species or “World Gourmet”?
Despite having few natural enemies, bluefin tuna are threatened by overfishing (
Monday, July 24, 2017

Bluefin tuna, the general group name of several species that belong to subgenus of true tunas Thunnus (Thunnus), are the largest of all tunas and have a natural lifespan of over 50 years. Reaching over two meters in length and weighing 200 kilograms as adults, the species is at the top of the marine food chain. But for great white sharks, bluefin tunas have few natural enemies. Sadly, in the last few decades, a new enemy has appeared: humans.

Working Toward a Sustainable Small-Scale Fisheries Solution in Spain
fish
Monday, June 12, 2017

In my last blog, I wrote about ACERGA’s lawsuit against the government of Spain over the current criteria for fisheries quota distribution. In addition to the lawsuit, in late March 2017, ACERGA, in cooperation with the Universidade da Coruña (UDC) Law School, organized a conference to bring together government representatives, fishers, and fishing policy experts to discuss the problems with and propose solutions to the current quota distribution system and purse-seine fishing.

Offshore and Still on the Horizon: President Trump's Executive Order on the Outer Continental Shelf
An offshore oil platform in the Gulf of Mexico.
Monday, June 5, 2017

Even prior to recent events, the topic of "presidential power" had been trending. There's now an entire law school course devoted to the Trump Administration's first 100 days; several of us at ELI recently assessed the viability of current and proposed executive branch actions in the regulatory arena; and federal court cases on the travel ban and on defunding sanctuary cities are a reminder that executive orders can be swiftly reviewed where they test constitutional or statutory limits.

A Problem in Small-Scale Fisheries Management in Spain and a Need to Rethink Implementation of the EU’s Common Fisheries Policy
ACERGA fishing skipper Marcos Alfeirán during the protest camp in late 2015, NOS
Wednesday, May 31, 2017

The Galician Association of Purse-Seine Vessel Owners (ACERGA by its acronym in Galician) is the largest association of purse-seine vessel owners in Spain. Over a year ago, ACERGA fishers and many members of their families camped in front of the main building of the government of Galicia (northwestern Spain), demanding that their voice be heard in the regulatory process for determining Spain’s annual fishing quota distribution of mackerel and horse mackerel.

Ocean Policy and the Trump Administration
The Great Wave, Hokusai
Monday, April 10, 2017

When it comes to the global commons, President Donald Trump has made his stance on climate change policy pretty clear. What will be his views on ocean policy? Certainly, given the impact of climate change on ocean acidification, last month’s Executive Order on energy independence was not good news for ocean health. But there are a multitude of marine and coastal issues that the Trump Administration will have to face.

New ELI Toolkit Aims to Turn the Tide on Marine Litter
Marine debris, NOAA News
Wednesday, October 26, 2016

The Great Pacific Garbage Patch, a collection of marine debris swirling around the north Pacific Ocean, is estimated by some scientists to be roughly the same size as the state of Texas. While the Garbage Patch moniker can conjure images of a physical trash island, in reality, it is almost entirely made up of microplastics not always seen by the eye, turning the sea into a cloudy soup. Around 80% of the debris comes from land-based sources in North America and Asia.

Square Peg, Round Hole: Sea-Level Rise Adaptation Without Legislative Action
California coast, Ariel E Barry
Wednesday, October 19, 2016

The legislative process is complicated. Sea-level rise adaptation is complicated. Combine the two, and a tangled mess can result as the law sorts itself out.

Few laws on the books were written with sea-level rise (or climate change, generally) in mind. As a result, policymakers, lawyers, and property owners are left to their own devices to determine how it all fits together. This round hole-square peg legal setup often requires judicial adjudication to become workable and uniform.

At the national level, the regulation of greenhouse gases under the Clean Air Act is a great example.