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

The Ministry of Major Questions Is Open for Business
August 16, 2022Posted on August 16, 2022 by J.B. Ruhl Now that Congress knows there is such a thing as the Major Questions Doctrine, what can Congress do about it? Think big or go home. In West Virginia v EPA, the Supreme Court faulted the EPA’s plan for shifting electric power...

When Is An Enforcement Action Not An Enforcement Action?
August 11, 2022Posted on August 11, 2022 by Tommy Lavender Well, when the Fourth Circuit says a state enforcement action is not enough, it should be cause for concern. In the Naturaland Trust v. Dakota Finance LLC decision from the Fourth Circuit, the Court concluded in a split decision that a...
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Superfund Liability
May 4, 2009Posted on May 4, 2009 by Theodore Garrett In a stunning 8-1 decision, the Supreme Court changed the landscape of Superfund liability, holding that a company’s mere knowledge of spills in...
The Emerging National Climate Program
April 30, 2009Posted on April 30, 2009 by Robert Wyman As Congress debates comprehensive climate legislation, the EPA considers its options and responsibilities under the Clean Air Act, and states and regions continue...
WAXMAN/MARKEY GREENHOUSE GAS REDUCTION BILL
April 24, 2009Posted on April 24, 2009 by Mark Walker On March 31, 2009, U.S. House Representatives Henry Waxman and Edward Markey released a discussion draft of the “American Clean Energy and Security...
Is the Midwest Climate Initiative D.O.A.?
April 21, 2009Posted on April 21, 2009 by George von Stamwitz A report discussed at the March 31st meeting of the Midwestern Governors Association that highlights significant “leakage” if a regional GHG cap-and-trade...
U.S. EPA Issues Precedent-Setting Stormwater Decision
April 20, 2009Posted on April 20, 2009 by David Van Slyke On December 5, 2008, the U.S. EPA Region 1 announced that it would use its “residual designation authority” under Clean Water Act Section 402(p)(2)(3)...
EPA Clears the Way for Regulation of GHG
April 17, 2009Posted on April 17, 2009 by Theodore Garrett The Environmental Protection Agency has formally declared carbon dioxide and five other heat-trapping gases to be pollutants that threaten public health and welfare,...
A Rant Against Superfund
April 15, 2009Posted on April 15, 2009 by Seth Jaffe As some of my clients know all too well, I’ve been spending a lot of time on some Superfund matters recently. Although I can’t...
Cap and Trade, CO2, and the Economy
April 14, 2009Posted on April 14, 2009 by David Tripp Cap and Trade for air pollution emissions reductions has a proven track record as an effective tool in reducing pollution – but can...
Clock Ticking on Comments In Response to EPA’s Proposed Mandatory GHG Reporting Rule
April 14, 2009Posted on April 14, 2009 by Mary Ellen Ternes While we wait for EPA’s GHG Endangerment Assessment and new GHG legislation, the EPA’s proposed mandatory greenhouse gas (GHG) reporting rule was published...