Blogs & Resources
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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ADAPTATION TO CLIMATIC CHANGE – SAVING OUR INFRASTRUCTURE
August 17, 2011Posted on August 17, 2011 by Joseph Manko – Manko, Gold, Katcher & Fox, LLP While climate change skeptics continue to dispute the linkage between climate change and greenhouse gas emissions, others throughout...
WHITHER FEDERAL PREEMPTION?
August 15, 2011Posted on August 15, 2011 by Rick Glick Environmental lawyers of a certain age who work on projects licensed by the Federal Energy Regulatory Commission (FERC) once knew what federal preemption...
A TUG OF WAR: HOW CAN THE STATE SATISFY ITS BURDEN OF PROOF?
August 8, 2011Posted on August 8, 2011 by Michael L. Hardy In a very interesting air pollution control enforcement case, the Court of Appeals of Ohio, Tenth Appellate District (which sits in Columbus,...
Endangered Species Act Still a Complication for Energy Development
August 3, 2011Posted on August 3, 2011 by Pamela Giblin Since its inception and the early battles over the snail darter and the Tennessee Valley Authority’s Tellico Dam in the 1970s, the Endangered...
The Process Continues: Savannah Harbor Expansion Project (SHEP)
August 1, 2011Posted on August 1, 2011 by Drew Ernst The deepening of the Savannah Harbor, now estimated to cost $588 million, was conditionally approved in part when Congress passed the Water Resources...
Maryland Issues Notice of Intent to Sue for Pennsylvania Fracking Fluid Release
July 26, 2011Posted on July 26, 2011 by Chester Babst The increasingly controversial issues surrounding the extraction of natural gas by “fracking” took an unusual turn on May 2, 2011 when the Attorney...
Supreme Court to Give Unilateral Administrative Orders a Constitutional Checkup
July 22, 2011Posted on July 22, 2011 by Donald Fowler Yesterday, Ted Garrett posted a blog on the Supreme Court’s grant of certiorari in Sackett v. EPA, 2011 WL 675769 (No. 10-162, June 28, 2011) which...
Supreme Court to Review Lawfulness of EPA Enforcement Orders
July 21, 2011Posted on July 21, 2011 by Theodore Garrett The U.S. Supreme Court will hear a lawsuit challenging the constitutionality of EPA compliance orders under the Clean Water Act. Sackett v. EPA, 2011...
Permit as Shield Against Environmental Claims Under State Tort Law – At Least in the Fourth Circuit
July 20, 2011Posted on July 20, 2011 by Allan Gates In the 1980s a group of Vermont landowners challenged the legality of a New York paper mill’s wastewater discharges into Lake Champlain. The...
ACOEL PRESS RELEASES
ACOEL ANNOUNCES NEWLY ELECTED OFFICERS & REGENTS
October 17, 2023October 17, 2023For Immediate ReleaseContact: admin@acoel.org (Washington, DC): The American College of Environmental Lawyers (ACOEL) is proud to announce...
ACOEL Announces Newly-Elected Fellows for 2023
July 27, 2023July 27, 2023For Immediate ReleaseContact: admin@acoel.org (Washington, DC): The American College of Environmental Lawyers (ACOEL) is proud to welcome...