News & Insights

As we commemorate the 25th anniversary of the September 11 attacks, I dug out an article that I wrote two months after the event, “The Birth, Death, and Rebirth of the World Trade Center and the Fate of New York.” Here it is. Reading it for the first time in a quarter of a century, […]

Late last month, Chief Judge Brenda Sannes, of the Northern District of New York, ruled that New York State’s “climate superfund” law is preempted by federal law.  Relying on the 2nd Circuit opinion from 2021 in City of New York v. Chevron Corp., Chief Judge Sannes found in West Virginia v. James that the Clean […]

It’s a big week for environmental law at the U.S. Supreme Court, with Suncor Energy v. Boulder County argued on the First Monday in October 2026, followed by Dept. of the Air Force v. Prutehi Guahan to be argued on Wednesday.  Prutehi Guahan presents two basic questions:  (1) whether a federal agency’s submission of an […]

When I see a National Park entrance sign my shoulders soften, my breathing slows, and a wave of happiness flows through me. These places and spaces are under attack and it’s making me angry. Construction of a border wall in Big Bend National Park, proposed sale of property to construct a private park entrance at […]

The American College of Environmental Lawyers (ACOEL or College) is proud to announce its newly elected Officers and Regents. The College is a professional association of distinguished lawyers who practice in the field of environmental law. Membership is by invitation and members are recognized by their peers as preeminent in their field. ACOEL Fellows are dedicated to: maintaining and improving the ethical practice of environmental law; the administration of justice; and the development of environmental law at both the state and federal level. The new Officers’ and Regents’ terms began on September 25, 2026, at the College’s Annual Meeting held in Chicago, IL.

During the spring 2026 semester, I taught Climate Change Law and Policy at the Indiana University McKinney School of Law. The last time I taught the class was in 2021 before I joined the Biden Administration. Boy, how times have changed! Because of actions by the current Administration attempting to dismantle EPA’s regulatory authority over […]

Last week, in Chamber of Commerce v. EPA, the D.C. Circuit Court of Appeals rejected challenges to EPA’s decision to list PFOA and PFOS, the two most prominent PFAS compounds, as hazardous substances under CERCLA.  It’s an important decision, and not just because pressure to clean up sites contaminated with PFAS seems to be increasing every day. […]

As some of you know, I am an avid fly fisherperson.  My favorite fish to target is trout (catch and release of course).  I’m also a board member of our local Trout Unlimited Chapter.  Trout Unlimited (or TU) is the nation’s leading conservation organization caring for and recovering rivers and streams and their trout and […]

On July 13, 2026, the U.S. Department of the Interior (DOI) released its final rule promulgating dramatic—and much needed—revisions to its regulations for natural resource damage (NRD) assessments. The finalized rule allows natural resource trustees (e.g. federal, state and tribal governments) to utilize modern, simplified assessment techniques such as equivalency models when conducting an NRD […]

Twenty-one years ago, Oklahoma sued six of the major national poultry companies. (For context, the first iPhone was still in development at the time the complaint was filed.) Oklahoma alleged that poultry litter generated and land applied by the companies’ contract poultry growers in Arkansas and Oklahoma was polluting the Illinois River with elevated levels […]

The readers of this blog probably have at least heard of these terms: CORSIA (Carbon Offsetting and Reduction Scheme for International Aviation), by the International Civil Aviation Organization (ICAO), the “Net Zero Framework” by the International Maritime Association (IMO). In brief, ICAO is the UN organization with, inter alia, a long-term goal of achieving net-zero […]

North Carolina Governor Josh Stein recently signed the State’s budget act (Senate Bill 257) into law, which includes the State’s new Water Safety Act. It authorizes a sweeping, two-phase sampling effort designed to identify sources of per- and polyfluoroalkyl substances (PFAS) discharges into North Carolina’s surface waters, along with a companion study on PFAS in […]