Regulation

Should states and Indigenous nations be able to influence energy projects they view as harmful or contrary to their laws and values? This question lies at the center of a heated debate over Enbridge Energy’s Line 5 pipeline, which carries oil and natural gas across Wisconsin and Michigan. Courts, regulatory agencies and political leaders are deciding whether Enbridge should be allowed to keep its pipeline in place for another 99 years, with upgrades. The state of Michigan and the Bad River Tribe in Wisconsin want to close the pipeline down immediately. My expertise is in Great Lakes water and energy policy, environmental protection and sustainability leadership. I have analyzed and taught these issues as a sustainability scholar, and I have worked on them as the National Wildlife Federation’s Great Lakes regional executive director from 2015 until early 2023. In my view, the future of Line 5 has become a defining issue for the future of the Great Lakes region. It...

Constellation, an energy company that provides electricity and natural gas to customers in 16 states and Washington, announced on Sept. 20, 2024, that it plans to restore and restart Unit 1 at Three Mile Island, a nuclear plant near Middletown, Pennsylvania, that was shut down in 2019. Microsoft has signed a 20-year agreement to purchase electricity generated by the plant to offset power demand from its data centers in the mid-Atlantic region. Three Mile Island was the site in 1979 of a partial meltdown at the plant’s Unit 2 reactor. The Nuclear Regulatory Commission calls this event “the most serious accident in U.S. commercial nuclear power plant operating history,” although only small amounts of radiation were released, and no health effects on plant workers or the public were detected. Unit 1 was not affected by the accident. University of Michigan nuclear engineering professor Todd Allen explains what restarting Unit 1 will involve, and why some other shu...

Humans generate a lot of plastic waste – more than 400 million metric tons a year. To bring this fact a bit closer to home, the U.S. produced an average of 0.75 pounds (0.34 kilograms) of plastic waste per person each day in 2010, which is equivalent in weight to an unopened can of soda. Plastic products have been propelling our quality of life forward for over a century, from keeping food fresh longer to enhancing medical hygiene and making transportation more energy-efficient. In the meantime, plastic waste has also accumulated. Today it is an unsolved and growing problem of gargantuan proportions. Worldwide, only 9% of plastic waste is recycled – largely through mechanical processing, creating products like drainage pipes – and 19% is incinerated. The rest is either buried in landfills or has escaped into the environment, where it damages ecosystems and harms human health. To address existing and future plastic waste, new approaches beyond mechanical rec...

Plastic is a fast-growing segment of U.S. municipal solid waste, and most of it ends up in the environment. Just 9% of plastic collected in municipal solid waste was recycled as of 2018, the most recent year for which national data is available. The rest was burned in waste-to-energy plants or buried in landfills. Manufacturers assert that better recycling is the optimal way to reduce plastic pollution. But critics argue that the industry often exaggerates how readily items can actually be recycled. In September 2024, beverage company Keurig Dr Pepper was fined US$1.5 million for inaccurately claiming that its K-Cup coffee pods were recyclable after two large recycling companies said they could not process the cups. California is suing ExxonMobil, accusing the company of falsely promoting plastic products as recyclable. Environmental law scholar Patrick Parenteau explains why claims about recyclability have confused consumers, and how forthcoming guidelines from the U.S. Federa...

The National Environmental Policy Act, enacted in 1970, is widely viewed as a keystone U.S. environmental law. For any major federal action that affects the environment, such as building an interstate highway or licensing a nuclear power plant, NEPA requires relevant agencies to analyze environmental impacts, consider reasonable alternatives and accept public input. It also allows citizens to sue if they believe government has not complied. Critics argue that NEPA reviews delay projects and drive up costs. In May 2023 negotiations over raising the federal debt ceiling, President Joe Biden agreed to certain changes to NEPA reviews, which both the White House and congressional Republicans said would streamline permitting for infrastructure projects. Legal scholars J.B. Ruhl and James Salzman explain these changes and what they mean for protecting the environment and expanding clean energy production. What kinds of projects typically require NEPA reviews? The statutory text of NE...