Emerging Topics in Environmental, Natural Resources, and Energy Law

Environmental issues are no longer the fringe issues of legal, policy, and business considerations. As the climate crisis escalates, natural resources dwindle, and new energy technologies develop, these issues demand innovative legal frameworks and practices. This blog will discuss some of the most critical emerging environmental issues shaping the legal landscape today.

Engaging with Environmental Law in Real-Time

This evolving legal landscape is precisely why Janice Weis, Associate Dean and Director of the Environmental, Natural Resources, & Energy Law program at Lewis & Clark Law School, designed and teaches Emerging Topics in Environmental, Natural Resources, and Energy Law. This course allows students to actively engage with the most pressing issues shaping environmental law today. In this interactive class, students track real-time legal and policy developments, analyze Supreme Court cases, and explore emerging legal challenges such as climate litigation, renewable energy regulations, and single-use plastics bans. Through discussion boards, students critically evaluate legal trends, create blog posts, and publish insights, fostering a deeper understanding of how environmental law is shaped by current events. The topics for the course change each semester to reflect issues as they are emerging.
Renewable energy sources. sustainability, energy efficiency, energy crisis concept

Climate Change and Legal Accountability

A key emerging environmental challenge is how the law responds to the complex and far-reaching effects of climate change. Governments and corporations are increasingly facing lawsuits aimed at holding them accountable for insufficient climate action. Courts worldwide are navigating complex arguments, from human rights-based claims to theories of corporate liability for greenhouse gas emissions. These cases are setting precedents that may reshape climate change law and environmental governance for decades to come.

Energy Transition and Legal Challenges

With the rapid growth of renewable energy, legal systems must evolve to enable this transition. Issues surrounding land use, permitting, energy storage, and grid modernization are critical. Additionally, questions about decommissioning fossil fuel infrastructure and managing the environmental impacts of energy storage technologies highlight the complexities of a clean energy future. Energy law and policy will play a pivotal role in this transformation.

Water Scarcity and Rights

Water scarcity, exacerbated by climate change, urbanization, and agricultural demands, has become a significant emerging environmental issue. Legal disputes over water allocation, cross-border water sharing, and groundwater depletion are on the rise. Innovations such as water recycling and desalination present new regulatory and ethical questions, particularly in regions where water access is already inequitable. Effective natural resource management is essential to addressing these challenges.

Biodiversity Loss and Ecosystem Protection

The alarming rate of biodiversity loss has spurred legal innovations aimed at protecting ecosystems. Examples include granting legal personhood to rivers, forests, and other natural entities. Additionally, international commitments like the “30×30” initiative—to conserve 30% of Earth’s lands and waters by 2030—require robust legal mechanisms to ensure implementation while balancing economic development and indigenous rights. Conservation law and policy are critical in achieving these goals.

Environmental Justice and Equity

Environmental justice is gaining prominence as communities historically burdened by pollution and resource extraction demand accountability and inclusion in decision-making processes. Legal frameworks are evolving to address these inequities, ensuring that all communities benefit equitably from environmental protections and sustainable development initiatives. Climate sustainability efforts must integrate principles of environmental justice to create equitable outcomes.

Corporate Accountability and ESG Compliance

Environmental, social, and governance (ESG) criteria are transforming how businesses operate. Companies face mounting pressure to demonstrate sustainability in their operations and supply chains. Legal advisors play a crucial role in helping organizations navigate these expectations, avoid greenwashing claims, and comply with emerging regulations.

Technological Innovation and Regulation

Emerging technologies such as carbon capture and storage, blockchain for resource tracking, and artificial intelligence in environmental monitoring are reshaping how environmental issues are managed. These innovations raise new legal and ethical questions about data privacy, intellectual property, and long-term environmental impacts. Renewable energy development also benefits from these advancements, requiring adaptive legal responses.

The Role of Legal Professionals in Addressing Emerging Environmental Issues

The rapid evolution of these issues requires proactive and informed legal responses. Legal professionals must not only stay updated on current developments but also anticipate future challenges. Advanced education and specialized training—such as programs focusing on environmental law, energy law, and natural resource management—equip practitioners with the tools to address these complex, interdisciplinary issues effectively. For those seeking to deepen their expertise in this critical area, Lewis & Clark Law School offers an exceptional onlineMaster of Studies in Law (MSL) and Master of Laws (LLM) in Environmental, Natural Resources, and Energy Law. As one of the top environmental law programs in the United States according to U.S. News & World Report, Lewis & Clark provides a comprehensive and flexible educational experience for non-lawyers passionate about environmental law and policy.

Program Highlights:

  • Top-Ranked Program: Lewis & Clark’s Environmental, Natural Resources, and Energy Law program is nationally recognized for its excellence.
  • Flexible Online Learning: Courses are delivered entirely online with interactive and asynchronous components, ensuring accessibility for working professionals.
  • Career Opportunities: Graduates pursue careers in legislatures, corporate leadership, nonprofits, federal agencies, teaching, and journalism.
  • No LSAT/GRE Requirement: Admissions focus on academic performance and interest in the field without standardized test prerequisites.
  • Expert Faculty: Courses are taught by world-class professors committed to student success and academic excellence.
  • Support and Networking: The program offers exceptional student support and opportunities for professional networking through its online platform.

The MSL program requires 26 credit hours of coursework, including foundational classes like “Introduction to U.S. Environmental Law and Legal Studies,” “Administrative Law,” and “Environmental Law.” Electives allow students to tailor their education to specific interests within environmental, natural resources, and energy law.

The LLM program requires 26 credit hours of coursework for U.S. students and 28 credit hours for international students. With three starts per year (spring, summer, and fall), you can embark on your educational journey at your own pace. Elective courses include “Environmental Justice,” “Ocean & Coastal”, and more.

Lewis & Clark Law School’s online MSL and LLM programs combine the rigor of a top-tier law school with the convenience of online learning, enabling students to make a meaningful impact in addressing emerging environmental issues. Whether you aim to advance your career or contribute to global sustainability, this program offers the tools and knowledge to lead in this vital field.

Emerging environmental issues are not just challenges but opportunities to innovate and lead. By embracing a forward-thinking approach, legal professionals can contribute meaningfully to a sustainable and equitable future.