News & Insights

Remember the alliteration in this Blog’s title learned in childhood?In 2025 we have a great many “de” actions in our personal and professional lives. For those of us thinking of “downsizing” from our long-owned but now too-large homes, we must “declutter” our prized possessions, decontaminate our basements and attics, and deactivate our internet and utility […]

Last year, when the Ninth Circuit Court of Appeals granted a mandamus petition and ordered that the complaint in Juliana v. United States be dismissed for the second time, I acknowledged that I had become more skeptical about the prospects for citizens’ climate litigation.  Unfortunately, the grounds for such skepticism only seem to be getting stronger over time. Last week, Judge […]

Over the summer, the White House released its “AI Action Plan,” setting forth a host of policy pronouncements for the advancement and support of U.S. dominance in AI.  One of the policy “pillars” should have all environmental lawyers sit up and take notice – support for building AI infrastructure.  An entire “Data Center Infrastructure” Executive […]

EPA is calling it the “largest deregulatory action in U.S. history.” The New York Times called it “President Trump’s most consequential step yet to derail federal climate efforts,” which “appears to represent a shift toward outright denial of the scientific consensus.” Others say that the proposal “rejects mainstream science and misunderstands the law” and “relies […]

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 […]