Environmental justice depends on law that is knowable, applied even‑handedly, and open to public participation. The Environmental Law Institute (ELI) works on that practical edge—where statutes, regulations, and evidence meet real communities. Its programs focus on education, research, and convenings that help the system work as written—in brief, supporting effective application of governing rules.
For decades, the Environmental Law Institute (ELI) has helped shape practical solutions to pressing environmental challenges. From fostering emerging leaders in climate action to explaining how air‑quality standards are set and implemented under the Clean Air Act (CAA), ELI’s impact spans continents and decades. EPA—not ELI—sets National Ambient Air Quality Standards (NAAQS) to protect public health with an adequate margin of safety (42 U.S.C. § 7409).
This post explains the Environmental Law Institute’s programs in the context of governing law, including judicial education on climate science and administrative law, and collaborations with public agencies, NGOs, and academic centers to strengthen statutory compliance and public participation.
Reading guide: readers may skim the sections that match their role and jurisdiction. Each “In Practice” section provides concrete cues adaptable to a docket, permit, or program to facilitate prompt implementation. The brief also summarizes landmark cases and highlights UCLA’s program for training future leaders in environmental law.
Overview and Impact
The Environmental Law Institute (ELI), founded in 1969, supports the development and application of environmental law in the United States and abroad. This section outlines what ELI is, what it does, and how its work connects to statutes, regulations, and precedent.
The inception of ELI
In 1969, leaders in law and policy founded ELI to clarify emerging environmental frameworks and convene stakeholders. Early on, ELI launched the Environmental Law Reporter (ELR), which summarizes statutes, regulations, and case law and remains a core resource for practitioners. Over time, that portfolio grew to reach judges across the United States and abroad.
Research and Education
The Environmental Law Institute’s publications—including ELR and the Environmental Law and Policy Annual Review—translate complex rulemakings and court decisions into practical guidance. Research commonly addresses CAA implementation (e.g., SIPs, PSD/NSR, Title V), Clean Water Act permitting, NEPA practice, ESA consultations, and RCRA compliance. These materials inform agencies, courts, counsel, and communities—not advocate specific policy outcomes.
Achieving More Together
The Environmental Law Institute collaborates with public agencies, bar associations, academic centers, and nonprofit organizations to translate legal frameworks into practice. In practice, that means co‑developing trainings, checklists, and public‑participation playbooks. Typical collaborations focus on rulemaking under the Administrative Procedure Act (APA), 5 U.S.C. § 553, compliance assistance, and public‑participation training.
Environmental Justice
Environmental justice (EJ) work is grounded in federal civil‑rights law and executive directives. Title VI of the Civil Rights Act prohibits discrimination in federally assisted programs, 42 U.S.C. § 2000d, and Executive Order 12,898 (1994) directs agencies to identify and address disproportionately high and adverse effects on minority and low‑income populations. Ultimately, the Environmental Law Institute’s EJ programming helps courts, agencies, and communities understand and implement these authorities alongside state EJ statutes and policies.
Programs and Initiatives at the Environmental Law Institute
These programs are non‑advocacy and focus on lawful processes, standards of review, and how participants engage within those bounds. Across programs, the aim is to turn doctrine into implementation that endures. The emphasis is on process rather than outcomes.
The Climate Judiciary Project
A standout initiative is ELI’s Climate Judiciary Project, a nonpartisan education program that equips judges with foundational information on climate science and the legal doctrines courts apply when reviewing agency action. Modules cover standards of review under the APA (e.g., arbitrary and capricious, substantial evidence), statutory authority under the CAA and NEPA, and recent Supreme Court decisions that shape permissible regulatory approaches. The project supports judicial understanding; it does not develop regulations.
Since 1990, the Environmental Law Institute has provided training and resources to more than 3,000 judges across 28 countries through its judicial education programs. Climate Judiciary programming uses neutral framing and practical case studies to help courts evaluate expert evidence, statutory authority, and administrative records.
In practice, the program delivers seminars, benchbooks, and case‑study exercises that help judges apply existing doctrines to real records. The emphasis is practical application of law to facts—not advocacy or policy design.
Tomorrow’s Leaders: Emerging Leaders Initiative
Beyond judicial work, The Environmental Law Institute’s Emerging Leaders Initiative mentors early‑career professionals across sectors. Programming develops competencies relevant to statutory implementation and rulemaking participation, including administrative law, evidence, and professional responsibility.
- It builds cross‑sector cohorts and peer mentoring that connect public, private, academic, and community practitioners.
- It offers skills workshops on administrative law, evidence, technical writing, and stakeholder engagement tied to real projects.
- It provides career navigation through speaker sessions, résumé reviews, and short practicums with partner organizations.
Participants gain practical experience on live projects and leave with portfolio pieces, references, and clearer pathways into public, private, and nonprofit roles. The aim is career growth through applied learning, not slogans.
Funding Sources for the Environmental Law Institute
The Environmental Law Institute is supported by a mix of foundation grants, institutional sponsors, project contracts, and individual donations. As a 501(c)(3) nonprofit, ELI publishes annual reports and financial statements and files IRS Form 990 to document sources and uses of funds and maintain donor transparency. Funding supports research, publications, education, and convenings that help implement environmental statutes and policies.
Individual supporters also contribute through donations that sustain research, publications, and education. Details on giving and annual reports are available on ELI’s website for transparency. Those pages assist with grant vetting.
Cultivating Partnerships for Greater Impact
Strategic partnerships allow ELI to test and scale legal tools—model statutes, guidance, and training—consistent with federal and state law. Collaborations prioritize measurable outcomes such as improved permitting processes, participation in notice‑and‑comment rulemaking, and access to justice.
Donor Transparency and Accountability
The Environmental Law Institute provides audited financials and program reports and follows nonprofit compliance standards. Transparency supports the mission by showing how funds are directed to research, education, and convenings that help implement environmental statutes and policies.
The Role of Partnerships in Achieving ELI’s Goals
The Environmental Law Institute’s partnerships with bar sections, academic clinics, tribal governments, and conservation NGOs focus on statutory compliance, public participation, and evidence‑based policy design under the APA’s notice‑and‑comment framework. These collaborations often include citizen‑suit training and permit‑review workshops under the CAA, CWA, and RCRA.
Fellowship Experience
The Environmental Law Institute’s fellowships provide structured, time‑limited placements focused on research, writing, event support, and project coordination. Fellows receive supervision, feedback on deliverables, and exposure to agencies, courts, firms, and NGOs through public events and small‑group briefings. The program functions as structured on‑the‑job training rather than busywork.
Fellows work on active matters—summarizing rulings, drafting practice guides, and supporting workshops—building skills that translate to roles in government, nonprofit, and private practice. The experience emphasizes clear analysis, professional writing, and collaboration.
Building Vibrant Communities Founded on Environmental Justice
Resilient communities depend on lawful processes and informed participation. The Environmental Law Institute supports capacity‑building through trainings on public‑comment strategies, data literacy, and meeting facilitation so residents can engage effectively with agencies and permittees.
A Network That Enables Leaders To Address Pressing Environmental Challenges
The Environmental Law Institute’s network includes media fellows, academics, practitioners, and students. Email bulletins and events connect people working on similar problems so they can compare approaches, share tools, and avoid reinventing the wheel. This improves efficiency.
Environmental Law Institute’s Impact on Air Quality
Air quality policy in the United States is governed by the CAA. EPA sets NAAQS for criteria pollutants to protect public health with an adequate margin of safety (42 U.S.C. § 7409), while states implement those standards through State Implementation Plans (SIPs) and permitting programs such as PSD/NSR and Title V. The Environmental Law Institute supports implementation by analyzing rulemakings, judicial decisions, and compliance strategies; it does not regulate emissions or set standards.
Focusing on Carbon Dioxide Reductions
Greenhouse gases qualify as “air pollutants” under the CAA. Massachusetts v. EPA, 549 U.S. 497 (2007). EPA’s authority to require generation‑shifting under § 111 has limits informed by the major‑questions doctrine. West Virginia v. EPA, 142 S. Ct. 2587 (2022). ELI’s analysis explains these rulings and their implications for lawful decarbonization pathways.
Promoting Sustainable Practices with Legislation
Legislatures and agencies use statutes and rulemaking to drive sustainable practices. NEPA requires federal agencies to prepare an environmental impact statement for major federal actions significantly affecting the human environment, 42 U.S.C. § 4332(2)(C), and courts review whether agencies took a “hard look” at environmental consequences. See Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 350 (1989).
Educating Leaders About Pressing Environmental Challenges Promotes Change
The Environmental Law Institute’s education programs cover standards of review under the APA, evidentiary issues, and administrative law developments such as the Court’s decision in Loper Bright overruling Chevron deference. See Loper Bright Enters. v. Raimondo, 603 U.S. ___ (2024). Training focuses on how courts apply statutes to facts to reach durable outcomes. In short, doctrine is applied to facts to produce durable decisions.
Research and Publications by the Environmental Law Institute
ELR summaries help practitioners locate primary authority quickly, followed by review of the cited statutes, regulations, and opinions.
The Environmental Law Institute’s Environmental Law Reporter, books, and research reports document developments in federal and state environmental law. These publications serve as working references that operationalize complex regulatory programs for agencies, courts, and communities, and often compile primary authorities and case summaries for reference.
The Analytical Edge: How Research Nurtures Insightful Policies
For more than five decades, ELI has analyzed complex statutory and regulatory programs and translated them into actionable guidance. Research organizes facts, case law, and program data into clear frameworks that inform policy design and implementation. This work supports practitioners and lawmakers by clarifying options, trade‑offs, and legal constraints.
Bridging Gaps Through Knowledge Sharing
The Environmental Law Institute disseminates findings through ELR, books, reports, email bulletins, webinars, and other digital channels. Research reports synthesize developments worldwide and highlight issues that warrant prompt attention. That way, busy teams can focus on what matters.
Publications and Events
The Environmental Law Institute’s publications serve as working references for practitioners and the public. Events and webinars bring together researchers, policymakers, advocates, industry leaders, and lawyers for focused discussions on current issues. Virtual formats expand access across geographies and time zones and archive key insights.
On‑demand archives let teams revisit key points. Posted materials make it easy to reuse training across offices. Subscriptions to Environmental Law Institute bulletins and the Events Calendar provide updates on upcoming programs.
Over the years, the Environmental Law Institute has organized notable gatherings that convene practitioners and policymakers on topics such as NEPA implementation, water‑quality permitting, and climate governance within statutory limits. These events foster informed participation in rulemaking and build capacity for compliance and enforcement across jurisdictions.
Core Statutory Framework: How the Pieces Fit
This section provides a quick doctrinal map for agency staff, counsel, and judges. Across these regimes, the practical goal is the same: convert statutory commands into enforceable, durable decisions.
The Clean Air Act ties national standards to state implementation. EPA sets NAAQS, and states adopt SIPs that allocate controls and schedules; major sources obtain construction permits under PSD or Nonattainment NSR and operating permits under Title V. Interstate transport and “good neighbor” obligations ensure upwind emissions do not undermine downwind attainment.
The Clean Water Act regulates point‑source discharges through NPDES permits and governs dredge‑and‑fill activities under § 404, with state water‑quality certification under § 401. Water‑quality standards drive permit limits, and monitoring, recordkeeping, and reporting verify compliance in practice. Impaired waters use TMDLs to apportion load reductions across sources.
NEPA requires an EIS for major federal actions significantly affecting the human environment, with EAs and categorical exclusions used where appropriate. CEQ regulations organize scoping, alternatives, and mitigation, and courts look for a “hard look” supported by the record. Effective documents use tiering and incorporation by reference to manage volume.
The ESA protects listed species through § 7 consultation and § 9’s prohibition on “take.” Biological opinions analyze jeopardy and critical habitat; reasonable and prudent alternatives avoid violations where feasible. Habitat Conservation Plans and incidental take permits under § 10 allow non‑federal projects to proceed with enforceable mitigation.
RCRA creates a cradle‑to‑grave system for hazardous waste that covers generators, transporters, and treatment, storage, and disposal facilities. Proper waste identification, manifesting, and land‑disposal restrictions are recurring compliance issues. Corrective action and closure obligations address releases from solid‑waste management units.
The APA supplies the rulemaking process and standards of review. Agencies follow notice‑and‑comment under § 553, and courts review final actions on the administrative record for arbitrariness, legal error, and evidentiary support. After Loper Bright, courts no longer defer under Chevron but may give persuasive weight under Skidmore where warranted.
Water Quality in Practice
This section supports planning for permits, enforcement, and monitoring.
TMDLs assign pollutant caps to impaired waters and inform permit writers when developing water‑quality‑based effluent limits. Maui’s functional‑equivalence test brings certain groundwater‑to‑surface pathways into the NPDES program, so early hydrologic analysis matters. Citizen monitoring and data portals can surface trends that trigger re‑opener clauses or enforcement.
Municipal stormwater programs use MS4 permits to reduce urban runoff, often through best‑management practices and measurable performance standards. Combined‑sewer overflow plans proceed by schedules and milestones that are enforceable through the permit. Public reporting aligns operator incentives with water‑quality targets.
NEPA in Practice
This section supports scoping, drafting, and review of EIS and EA documents.
Robust scoping focuses study on the issues that matter and screens out immaterial concerns. Alternatives analysis should be reasonable and tied to the project’s purpose and need; segmentation can undermine the analysis if it disguises connected actions. A clear response‑to‑comments section shows how the agency considered input and refined the decision.
Courts reviewing NEPA look for contemporaneous explanations, verified data, and transparent trade‑off discussions. Agencies that use tiering and adopt by reference shorten timelines without sacrificing rigor. When documents lack a “hard look,” courts typically remand for additional analysis.
ESA in Practice
This section supports scheduling consultation and designing mitigation.
Consultation begins with an effects determination and, if “may affect” is found, proceeds to formal consultation and a biological opinion. Reasonable and prudent measures and terms and conditions can reduce incidental take while preserving project objectives. Early species surveys, data quality protocols, and coordinated schedules reduce delays.
Incidental take permits for non‑federal actions rely on Habitat Conservation Plans that specify minimization, mitigation, and monitoring. “Best available science” governs decisions even under uncertainty. Adaptive‑management terms keep long‑lived projects aligned with conservation outcomes.
RCRA in Practice
This section supports waste classification and the drafting of generator and TSDF procedures.
Correct waste identification distinguishes listed wastes from characteristic wastes and prevents misclassification. Generator categories determine accumulation limits, labeling, and contingency‑plan obligations. Land‑disposal restrictions, manifests, and biennial reporting create the paper trail that underpins enforcement.
TSDF permits incorporate groundwater monitoring, financial assurance, and corrective‑action schedules. Post‑closure care extends obligations beyond active operations. Public participation can shape remedy selection and long‑term stewardship.
APA Standards of Review
These standards determine whether decisions survive in court.
Under State Farm, agencies must articulate a rational connection between the facts found and the choice made and consider important aspects of the problem. Reliance interests deserve attention when policies change, and unexplained inconsistency can be arbitrary. Courts decide legal questions de novo after Loper Bright and weigh agency interpretations for persuasiveness under Skidmore.
Notice‑and‑comment requires fair notice and a logical outgrowth between proposal and final rule. The record should show how the agency addressed significant comments and alternatives. Procedural shortcuts risk vacatur or remand if prejudice is shown.
Citizen Suits and Enforcement
This section is most relevant to in‑house compliance teams, NGOs, and community counsel.
Many environmental statutes authorize citizen enforcement to supplement government action, including the CAA, CWA, and RCRA. Pre‑suit notice and diligent‑prosecution bars are threshold issues that can dispose of claims early. Remedies typically include injunctive relief, civil penalties payable to the Treasury, and fee‑shifting in appropriate cases.
Standing requires concrete injury, causation, and redressability. Voluntary cessation does not necessarily moot a case if recurrence is reasonably possible, as Laidlaw explains. Transparent compliance programs and accurate reporting reduce litigation risk.
Illustrative Scenarios
Projects can be mapped to the closest scenario to track cross‑statute dependencies.
A highway expansion that crosses wetlands requires coordinated NEPA review, CWA § 404 permitting, and state water‑quality certification. Early scoping and shared data reduce duplication and set realistic schedules. A well‑documented record improves the odds of withstanding judicial review.
A manufacturing plant seeking a major nonattainment NSR permit must apply Lowest Achievable Emission Rate (LAER), obtain enforceable emissions offsets at the required ratio, and show consistency with SIP commitments. Dispersion modeling and technical demonstrations are often required. Clear monitoring and reporting plans make post‑construction compliance more predictable. Stakeholder meetings can surface design tweaks that reduce emissions at lower cost.
A wastewater facility with subsurface discharge near a navigable water evaluates Maui’s functional‑equivalence factors to determine NPDES coverage. Where permits are required, sampling locations and frequencies should match the hydrologic pathway. Early public outreach can narrow disputes and build durable support.
Legal Milestones That Shape the Field
Several Supreme Court decisions define modern environmental law. Massachusetts v. EPA, 549 U.S. 497 (2007), recognized greenhouse gases as pollutants under the CAA and required EPA to decide whether they endanger public health or welfare. West Virginia v. EPA, 142 S. Ct. 2587 (2022), limited EPA’s authority to require certain generation‑shifting under § 111 absent clear congressional authorization. Sackett v. EPA, 598 U.S. ___ (2023), narrowed the scope of “waters of the United States” under the CWA. County of Maui v. Haw. Wildlife Fund, 590 U.S. ___, 140 S. Ct. 1462 (2020), held that certain releases to groundwater require NPDES permits when the discharge is the functional equivalent of a direct discharge. Loper Bright Enters. v. Raimondo, 603 U.S. ___ (2024), overruled Chevron and reaffirmed that courts decide questions of law under the APA.
The Role of UCLA’s Environmental Law Specialization Program in Training Future Leaders
UCLA’s environmental law specialization combines coursework and clinics that prepare students for government, nonprofit, and private‑practice roles. The program emphasizes statutory interpretation, administrative law, scientific literacy, and practical skills. Students explore energy law, environmental justice, and related fields in a structured curriculum.
A Broad Spectrum Education
Students study core subjects (air, water, hazardous waste, public lands) alongside energy and environmental justice. Courses are paired with clinics or practicums so students apply doctrine to real problems and develop professional judgment. Structured feedback helps students translate classroom learning into practice.
Molding Tomorrow’s Leaders
Students gain experience on live matters under faculty supervision, producing memos, comments, and draft orders. Mentorship and feedback sharpen writing and analysis for practice settings. Graduates pursue roles in agencies, courts, firms, and NGOs.
Catalyzing Real‑World Impact
Workshops and speaker series connect students with practitioners at agencies, firms, and NGOs. Sessions on communication help future lawyers present technical issues clearly to clients, communities, and courts. Media‑focused programming introduces students to best practices in climate and environmental communication.
Conclusion
The Environmental Law Institute’s core contribution is making environmental law work as written—educating judges and practitioners, translating complex statutes and regulations into practical tools, and convening stakeholders within the bounds of the APA and controlling precedent. Against a changing doctrinal backdrop (from Massachusetts to West Virginia, Sackett, Maui, and Loper Bright), that grounded approach helps produce durable, legally sound outcomes. In short, process matters.
FAQs
What is the Environmental Law Institute?
ELI is a nonpartisan, nonprofit founded in 1969 that advances the rule of law in environmental protection through research, education, and convenings. It supports courts, agencies, practitioners, and communities; it does not regulate or enforce.
Does the Environmental Law Institute make or enforce regulations?
No. Agencies promulgate and enforce regulations under statutes such as the Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), and Endangered Species Act (ESA), and the Administrative Procedure Act (APA) governs the process.
How does the Climate Judiciary Project remain nonpartisan?
It presents peer‑reviewed science and controlling legal doctrine, avoids policy advocacy, and focuses on standards of review, statutory authority, evidence, and remedies. Programming is designed to aid judicial decision‑making, not to influence outcomes.
Which federal laws most often appear in ELI trainings?
The Clean Air Act, Clean Water Act, NEPA, ESA, RCRA, and the Administrative Procedure Act. Trainings show how these frameworks interact in permitting, enforcement, and judicial review.
What changed after Loper Bright?
Courts no longer defer to agency interpretations under Chevron and instead decide legal questions de novo, giving weight under Skidmore when persuasive. Materials emphasize record development and reasoned explanations that satisfy 5 U.S.C. § 706.
When is an EIS required under NEPA?
For major federal actions significantly affecting the human environment under 42 U.S.C. § 4332(2)(C). Agencies may use environmental assessments or categorical exclusions when appropriate, but courts require a “hard look” at environmental consequences.
What is the difference between PSD and Nonattainment NSR?
PSD applies in attainment or unclassifiable areas and requires Best Available Control Technology. Nonattainment NSR applies in nonattainment areas and requires Lowest Achievable Emission Rate and enforceable offsets.
Do releases to groundwater ever need NPDES permits?
Yes, when they are the functional equivalent of a direct discharge to navigable waters, as recognized in County of Maui v. Hawaii Wildlife Fund (2020). Site‑specific hydrology and transit time matter.
How does the Environmental Law Institute address environmental justice?
Through trainings grounded in Title VI and Executive Order 12,898, and by helping communities participate lawfully in permitting and rulemaking. Programs also track state EJ statutes and tools.
Where can I find Environmental Law Institute publications and events?
In the Environmental Law Reporter and on ELI’s website, including program archives, bulletins, and the Events Calendar. These resources provide primary authorities, summaries, and practical tools.
