ACOEL members contribute regularly to the ACOEL Blog, writing on topics of current interest in their respective fields. Recently-published blogs are featured below, or you can search the ACOEL blog archive using the search feature.
Current Blogs
EPA Designates PFAS as Hazardous Substances; EPA Is More Confident Than I Am that the Sky Isn’t Falling
April 24, 2024Posted on April 24, 2024 by Seth Jaffe Last Friday, EPA formally designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – including their salts and structural isomers! – as hazardous substances under CERCLA. I cannot really quarrel with the underlying decision to list PFOA and PFOS. Given the developing...
Tony Bennett may have left his heart in San Francisco but the City’s appeal of its NPDES permit is on its way to the United States Supreme Court
April 18, 2024Posted on April 18, 2024 by Jeff Porter DOJ and EPA have submitted their brief arguing that the Supreme Court should leave alone a split Ninth Circuit decision upholding a NPDES permit condition prohibiting the permittees, the City and County of San Francisco, from “causing or contributing” to any...
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NEW CROSS-STATE AIR TRADING RULE SCHEDULED TO BECOME EFFECTIVE IN OCTOBER
September 17, 2011Posted on September 17, 2011 by Michael McCauley On July 7, 2011, one year after the U.S. Environmental Protection Agency issued its proposed Clean Air Pollution Transport Rule, EPA released the final...
A TUG OF WAR: HOW CAN THE STATE SATISFY ITS BURDEN OF PROOF?
September 14, 2011Posted on September 14, 2011 by Michael Hardy There is ongoing litigation in an Ohio air pollution control enforcement case, which highlights the real world difficulties that arise from the regulatory...
The National Environmental Policy Act: New Mexico District Court Dismisses Challenge to Nuclear Pit Facility Based on Doctrine of “Prudential Mootness”
September 13, 2011Posted on September 13, 2011 by Thomas Hnasko A federal district judge in New Mexico has dismissed the Los Alamos Study Group’s (the “Study Group’s”) complaint challenging the United States Department...
EPA Denies Petition for Nutrient Criteria Rulemaking for the Mississippi River Basin
September 7, 2011Posted on September 7, 2011 by Ridgway Hall On July 29, 2011, EPA denied a 2008 petition by thirteen environmental organizations to develop and promulgate numeric nutrient water quality criteria for...
Nexus Under the N.J. Spill Compensation and Control Act
September 3, 2011Posted on September 3, 2011 by William Hyatt Many practitioners, along with the New Jersey Department of Environmental Protection, assumed, until recently, that the standard of liability under the New Jersey...
Regulation of Isolated Wetlands
August 31, 2011Posted on August 31, 2011 by Thomas Lavender While we know all too well what the U.S. Supreme Court concluded in the SWANCC and Rapanos with respect to the jurisdiction of the Army Corps of...
Where You Stand Depends on Where You Sit: Utility MACT Edition
August 30, 2011Posted on August 30, 2011 by Seth Jaffe As the deadline passed last week for submitting comments on EPA’s Utility MACT rule, it’s worth taking a big picture look at how the...
CERCLA “CONTINUING OBLIGATIONS” — THE NEW ASTM STANDARD
August 29, 2011Posted on August 29, 2011 by Kenneth Gray ASTM has just given birth to a new standard for contaminated property – E2790-11 – the Standard Guide for Identifying and Complying with...
WILL THE STATE OF FLORIDA’S EVERGLADES RESTORATION PROGRAM BE FEDERALIZED?
August 17, 2011Posted on August 17, 2011 by William Green Blog written by: William Green and Gary Perko Florida’s Everglades is a diverse mosaic of wetland communities that once extended from the shores of...