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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40 Years of Federal Environmental Law – How Should Lessons Learned From Our Experience Be Used?
October 14, 2010Posted on October 14, 2010 by Charles Tisdale Congress created the primary framework for air and water pollution control in the 1970 Clean Air Act and 1972 Clean Water Act. RCRA...
Governor Manchin (D-WV) Sues EPA Over Failure to Issue Mining Permits
October 12, 2010Posted on October 12, 2010 by David Flannery On October 6, 2010, and at the direction of Governor Joe Manchin (D-WV), the West Virginia Department of Environmental Protection (WVDEP) filed a...
RIGHTS OF CITIZENS MAY DEPEND ON TIME ZONE
October 4, 2010Posted on October 4, 2010 by Brian Rosenthal Under the Clean Air Act (CAA), how long must an operator worry whether a citizen suit will be filed claiming its facility construction...
PCB-Containing Caulk: EPA Mixes Its Messages
September 22, 2010Posted on September 22, 2010 by Ralph Child EPA has issued an Advanced Notice of Proposed Rulemaking that broadly re-opens the question whether to authorize PCBs in caulk and under what conditions. EPA did...
You Want to Preclude a Citizens’ Suit? Pick Your Poison.
September 17, 2010Posted on September 17, 2010 by Seth Jaffe When clients are threatened with citizen suits – and particularly when the threatened litigation involves a matter where EPA or a state regulatory...
Product or Pollutant? You be the judge.
September 15, 2010Posted on September 15, 2010 by Michael Rodburg The unending war–or so it seems sometimes–between policyholders and insurers regarding coverage for “pollution” never ceases to reveal new ways at looking at...
Oklahoma v. Texas–Water Wars
August 24, 2010Posted on August 24, 2010 by Linda C. Martin Tarrant Regional Water District (“TRWD”) provides water to more than 1.7 million Texans in an 11-county area, and wants to buy water...
Managing the Legal Risks of Green Buildings
August 23, 2010Posted on August 23, 2010 by Joseph Manko As with “green washing” of products, which are subject to existing product liability law, there is an emerging area of law regarding liability...
Annual Meeting Update – Saturday Optional Evening Outing
August 23, 2010Posted on August 23, 2010 by Rachael Bunday Optional Evening Outing The College has booked a ride on the Sam Houston Boat Tour from 6-8pm for all members and their guests. Heavy hors d’oeuvres,...