News & Insights

“We’re gonna win so much, you may even get tired of winning. And you’ll say, ‘Please, please. It’s too much winning. We can’t take it anymore.’”  That was what then-candidate Trump promised life would be like in America during his presidency.  Regardless of how much winning you believe actually took place in those years, winning […]

Earlier this week, New York State Attorney General Letitia James filed suit against PepsiCo.  At the core of the case are allegations that PepsiCo.’s widespread use of single-use plastics has created or contributed to a public nuisance in the Buffalo River.  I don’t doubt that plastic-related conditions in the Buffalo River constitute a public nuisance.  […]

The Communications Committee hereby announces the bulletin board for ACOEL is now live and active.

On November 3, 2023, the White House Council on Environmental Quality (CEQ) released a playbook for federal agencies to develop their Environmental Justice Strategic Plans, Strategic Planning to Advance Environmental Justice. This tool provides a ‘how to guide’ for federal agencies working to address longstanding environmental injustices and inequities. Each federal agency is required by […]

Over two years ago I wrote about a lawsuit filed by a Connecticut-based solar farm developer with a summer home in Martha’s Vineyard seeking to enjoin the Vineyard Wind project off the Massachusetts coast. This particular NIMBY (one of no fewer than three NIMBY petitioners challenging the Vineyard Wind project in separate federal lawsuits) alleged […]

Last week, Inside EPA (subscription required) reported that EPA will reopen CERCLA cleanups due to the presence of PFAS on a case-by-case basis.  The article reported on the gnashing of teeth among the regulated community at the prospect of seeing a significant number of sites reopened.  As a card-carrying member of the regulated community, I […]

Late last month, in Munoz v. Intercontinental Terminals Company, the 5th Circuit Court of Appeals held that the liability provisions of CERCLA and the Oil Pollution Act do not overlap and that, consequently, where oil and hazardous substances commingle, the sole remedy is under CERCLA. As the Court correctly noted, it has long been the […]

ACOEL is proud to announce its newly elected 2023-2024 Officers and Regents, all of whom are active members of the College. Learn about our new officers.

Just this month, on October 11, 2023, EPA issued its final rule under the Toxic Substances Control Act (TSCA) requiring a wide range of companies to report and retain records of extensive PFAS data. The rule will take effect November 13, 2023. It initially may seem like a good idea, except that the scope of […]

The old saying goes “water in the East is for drinking and water in the West is for fighting over!”  As a decade of drought conditions continue in the West, litigation has increased over the reduced supply of water.  Most of this litigation centers on the availability of water supplies from rivers and their tributaries.  […]

Although most insurance carriers do not speak in terms of global warming, the insurance market is making rapid changes in response to increased storms, tornadoes, rain, flooding, wildfires and other natural disasters. Because insurance (or the lack of coverage) impacts environmental settlements, property purchases/sales, and property ownership, this article addresses the major trends that will […]

Effective March 1, 2023, the Chinese government abruptly lifted travel restrictions imposed to combat the COVID pandemic. In August I visited China with one of my students, my first visit in more than four years. Five of the six students who initially planned to accompany me dropped out after the U.S. State Department on June […]