What’s Next for Environmental Law in 2026

As 2025 comes to a close, People, Places, Planet takes stock of a year of profound change in environmental law—and looks ahead to the legal and policy questions that will shape 2026. Host Sebastian Duque Rios draws on insights from ELI convenings with leading scholars, practitioners, scientists, and policymakers to unpack how courts, agencies, and governments are redefining environmental authority and accountability.The episode covers key U.S. Supreme Court decisions and previews cases to watch in the upcoming term, explores sweeping changes to NEPA and administrative law, and examines the growing treatment of climate change as a legal rights issue in both U.S. and international courts. It also looks at how these high-level legal debates are playing out on the ground—from data centers and AI infrastructure to clean water, cooperative federalism, and the shifting balance of state and federal power. Supreme Court environmental law review and preview (1:47) NEPA after Seven County and CEQ rescission (14:57)Climate change and rights in the courts (26:17)The future of the endangerment finding (32:36)On the ground: data centers, cooperative federalism, and WOTUS (36:42)See ELI's resources for more information:Annual Supreme Court Review & Preview (2025)The Future of NEPA Review: Unpacking the Seven County Infrastructure Coalition DecisionHeld v. Montana: A 2025 UpdateUnpacking the ICJ's Recent Opinion on Climate ChangeScientific Support for the Endangerment FindingNational Environmental Impacts of Data Center ProliferationData Centers and Water UsageCelebrating Collaboration: ECOS and the Future of State-Level Environmental Policy ★ Support this podcast ★

This is a special edition episode in Spanish with our Colombian partner on ELI's Environmental Defenders Database project. If you'd like to learn more, please visit our Vibrant Environment blog for an English summary of the episode, or listen to our last episode in February on this topic, "Environmental Defenders: On the Front Lines of Conservation". Los defensores ambientales desempeñan un papel fundamental en la protección de los ecosistemas del mundo, pero cada año cientos de defensores son amenazados, detenidos, y asesinados. Esta realidad destaca la necesidad urgente de contar con mayores garantías, datos confiables y respuestas institucionales coordinadas. En este episodio, el anfitrión de People, Places, Planet, Sebastian Duque Ríos conversa con Kristine Perry (Environmental Law Institute) y Luis Felipe Guzmán Jiménez (Universidad Externado de Colombia), quienes comparten su conocimiento sobre los riesgos que enfrentan los defensores ambientales en Colombia y las iniciativas que buscan fortalecer su protección. Juntos analizan quiénes son los defensores ambientales en el contexto colombiano y las rutas que el país podría seguir para garantizar justicia a las víctimas de estos ataques. También abordan el potencial de acuerdos regionales como el Acuerdo de Escazú para avanzar en su protección. Finalmente, el episodio destaca el trabajo continuo de ELI para desarrollar una base de datos que registre investigaciones y procesos judiciales relacionados con ataques letales contra defensores ambientales. Para más información, consulte la Plataforma para Proteger a los Defensores Ambientales de ELI.  ★ Support this podcast ★

Environmental justice continues to evolve as states respond to shifting federal priorities and community needs. New Jersey has emerged as a leader, integrating equity considerations into core environmental programs, supported by its landmark 2020 EJ law and a long-standing emphasis on strong environmental protections.In this episode, New Jersey Department of Environmental Protection Commissioner Shawn LaTourette joins Beveridge & Diamond’s Hilary Jacobs and Justin Smith to discuss how the state is operationalizing EJ, measuring progress, and adapting to the major changes in federal policy and funding with the new Administration. Commissioner LaTourette outlines how New Jersey incorporates environmental justice into decision-making, the practical work of translating EJ principles into concrete, data-driven actions, and the challenges of aligning state and federal roles. The conversation also explores support for community-based organizations, funding constraints, and how businesses can navigate evolving EJ frameworks. This episode is part of the Groundtruth series created in partnership with Beveridge & Diamond, one of the nation’s leading environmental law and litigation firms. ★ Support this podcast ★

At a time when species across the country face mounting pressures, the Endangered Species Act remains one of the most powerful—and contested—tools we have to protect them. In this installment of our “Explained” series, host Sebastian Duque Rios is joined by three experts whose careers span law, policy, and conservation science: Patrick Parenteau (Vermont Law & Graduate School), Jake Li (Defenders of Wildlife), and David Wilcove (Princeton University).Together, they break down how the ESA works, why it was created, and the real-world threats species face today. The conversation explores key provisions of the Act—from listing decisions and critical habitat designations to Section 7 consultations, recovery planning, and the role of private landowners. The guests also discuss how funding shortfalls, political pressures, and recent proposals could reshape endangered species protection in the years ahead.Whether you’re new to the ESA or looking for a richer understanding of its legal, scientific, and practical dimensions, this episode offers a clear and candid look at the challenges and opportunities facing one of the nation’s cornerstone conservation laws. ★ Support this podcast ★

As climate change reshapes our oceans, fish populations are shifting across borders and into new territories, creating ripple effects for food security, livelihoods, and international relations. These changes are intensifying pressure on governments and coastal communities—and, in some cases, fueling tension and conflict at sea. In this episode of People Places Planet, host Sebastian Duque Rios speaks with Johan Bergenas, Senior Vice President for Oceans at the World Wildlife Fund-US, and Sofia O’Connor, Director of the Environmental Law Institute’s Ocean Program, about the complex links between marine conservation, illegal, unreported, and unregulated (IUU) fishing, and international security. Together, they explore how climate-driven migration of fish stocks can trigger disputes between nations, how data and transparency tools like WWF’s Oceans Futures platform can help policymakers anticipate and prevent those conflicts, and how legal frameworks can promote cooperation rather than conflict on the high seas.See WWF's recent report, The Geopolitics of the Ocean, as well as their Oceans Futures platform for more information. ★ Support this podcast ★

As the first U.S city to implement a congestion pricing program, New York City has begun charging vehicles entering high-traffic areas of Manhattan a toll. With this initiative, NYC is testing what could be a consequential urban policy for transportation and climate at the municipal level. Ten months into the program, what have we learned? In this episode of People Places Planet, host Sebastian Duque Rios speaks about congestion pricing with Robert Puentes, Vice President and Director of Brookings Metro; Rachel Weinberger, Vice President for Research Strategy and the Peter W. Herman Chair for Transportation at the Regional Plan Association; and Christine Billy, Adjunct Professor of Clinical Law at NYU and Executive Director of the Guarini Center. Together, they unpack NYC's congestion pricing program: why it was pursued, how it works, what early data suggests about its impacts, and the waves of legal challenges that the program has faced. In discussing how this innovative policy aims to rethink urban mobility, the conversation delves into how congestion pricing connects to broader environmental and public health goals, including the reduction of greenhouse gas emissions, and how it can present a model for other cities looking to fund and improve public transit.  ★ Support this podcast ★

What does it mean to “indigenize” international law—and why does it matter for the environment? In this episode of People, Places, Planet, host Sebastian Duque Rios speaks with legal scholars Jonathan Liljeblad, Kristen Carpenter, and Margaret Palaghicon Von Rotz about how Indigenous peoples are reshaping international legal thought. Together, they explore the concept of Indigenous legal orders—living systems of law that exist alongside and often in tension with state-based international law—and their growing influence in environmental governance. From the Ifugao people’s stewardship of the Philippines’ rice terraces to the Yurok Tribe’s river restoration and land back efforts in California, the conversation highlights how Indigenous nations are asserting legal authority across state borders, revitalizing relationships to land and water, and challenging colonial legacies in our legal systems. This episode offers a powerful look at what international law could become when Indigenous legal systems are recognized as active, evolving sources of law shaping the planet’s future. ★ Support this podcast ★

What is the National Forest Management Act (NFMA), and how has it shaped the way America manages its forests? In this episode of People, Places, Planet, host Sebastian Duque Rios talks with forest law experts Susan Jane Brown, attorney with Silvix Resources and adjunct professor at Lewis & Clark Law School, and Martin Nie, Director of the Bolle Center for People and Forests at the University of Montana. Together, they unpack NFMA’s history, purpose, and lasting impact. From the clear-cutting controversies that spurred its creation to its unique role in regulating the federal government, NFMA has reshaped forest management through long-term planning, public participation, and enforceable standards—and it continues to guide how the Forest Service balances conservation, timber production, and recreation across millions of acres. Whether you’re new to environmental law or curious about how federal forests are governed, this episode offers a clear, engaging look at one of the cornerstone statutes of U.S. forest policy. ★ Support this podcast ★

Since 1989, the National Wetlands Awards have honored leaders who protect, restore, and steward America’s wetlands. In this episode of People, Places, Planet, host Sebastian Duque Rios sits down with the 2025 awardees: Simone Maloz, campaign director of Restore the Mississippi River Delta (00:59); Mike Rolband, Director of Virginia’s Department of Environmental Quality (17:16); and Wyatt Penfold, a fourth-generation farmer from Idaho’s Teton Valley (32:24). Together, they share stories of coastal restoration in Louisiana, advances in wetland regulation and permitting in Virginia, and collaborative water management in Idaho. Their work highlights how wetlands preserve culture, protect communities, and provide ecological resilience—and why ensuring their survival requires broad commitment and sustained care across sectors and communities. ★ Support this podcast ★

In this special episode of People Places Planet, host Sebastian Duque Rios speaks with Ben Grumbles, president of the Environmental Council of the States (ECOS), and state environmental leaders James Kenney (New Mexico Environment Department), Chris Wells (Mississippi Department of Environmental Quality), and Leah Feldon (Oregon Department of Environmental Quality). The conversation marks the recognition of ECOS and Ben as the recipients of the Environmental Law Institute’s 2025 Environmental Achievement Award, honoring their commitment to bipartisan collaboration and science-based environmental governance.Together, they explore how states are leading the way on today’s most pressing challenges—from ensuring safe drinking water and cleaning up Superfund sites to advancing policy on PFAS and wildfire impacts. The discussion examines what's at stake when federal funding for state environmental programs falls short, why strong federal-state partnerships are essential for local economies, the risks of underfunding science at EPA, and how states are working to balance efficiency with integrity when it comes to permitting. The episode celebrates ECOS' leadership in strengthening cooperative federalism, fostering innovative solutions, and providing stability across administrations, while also offering insights into the future of environmental protection nationwide. ★ Support this podcast ★