News & Insights

Much has been written and spoken on the topic of global and U.S. domestic air quality relative to climate change. Emotions are high as are the stakes. As noted by ACOEL Fellow Richard A. Horder’s blog article, On Elections, Pendulums, and Perspective, the pendulum is swinging on environmental policy. Edgar Allan Poe would caution about […]

Several weeks ago, Seth Jaffe posted a piece on this blog about the Comprehensive Environmental Response Compensation and Liability Act. I disagree with him.  If you want to reduce the overall cost to the economy of the Superfund program, you should want more flexibility in remedy selection (probably underlain by full remedial investigations and feasibility […]

Followers of this blog will know that I am not a fan of CERCLA. It is not merely because CERCLA is so poorly drafted. It is also because it is a poor use of a finite pool of environmental protection dollars. Simply put, CERCLA does a very poor job in tying investigations and cleanup requirements to the […]

Note: When I opened my new Word app, it asked me to describe what I’d like to write. “Hardrock mines on federal lands should pay royalties”, I responded. In an instant, it produced a piece below which well reflected my views. An edited version follows: Across the vast expanse of the American West, from the […]

ACOEL has released a policy statement reflecting the College’s unwavering commitment to the rule of law as a foundation of environmental law and environmental protection.

As they do every year, male lesser prairie-chickens gathered this Spring on the 48,000-acre Gardiner Angus Ranch in Ashland, Kansas for their ritual mating dance to attract females. The Gardiner Ranch has some of the best remaining patches of open prairie in the central and southern plains and the Gardiners and a number of other […]

On May 29, 2025, the Supreme Court—minus recused Justice Neil Gorsuch—decided Seven County Infrastructure Coalition v. Eagle County, the first major NEPA dispute before the Court in 20 years. It’s a really big deal—coverage is all over the headlines and blogs—but it’s potentially an even bigger deal than that. I’m skipping over most of the […]

On May 16, in Texas v. EPA, the 5th Circuit Court of Appeals rejected EPA’s nonattainment designation for two counties in Texas. What I find most interesting about the case is the reaction to it. Inside EPA (subscription required) states that the decision is: Notable in that it offers EPA less deference on technical matters, following a key […]

Every year, around St. Patrick’s Day, the ospreys complete their long journeys from South America and return to Cape Cod. We never tire of watching these magnificent “fishing eagles” hover in place in the wind over the water, fold their wings and dive – arising with fish in their talons with remarkable consistency. Deftly re-aligning the fish […]

May 1 was National Law Day – a day to celebrate the role that law and lawyers serve to protect legal rights and to defend the independent judicial system that keeps our democracy vibrant. Since 1958 when President Eisenhower first proclaimed it, bar associations and lawyers have usually marked the day quietly. This year’s celebration, however, had […]

Earlier this week, my colleagues Adam Kahn and Kevin Chen posted about the proposed rule issued by the Fish and Wildlife Service and the National Marine Fisheries Service that would rescind the definition of “harm” under the Endangered Species Act to exclude adverse impacts on habitat. As Adam and Kevin noted, FWS and NMFS rely […]

Comment period ends on May 19, 2025 On April 17, 2025, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). This action would remove the current definitions of “harm” from both 50 CFR […]