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

Is Litigation the Solution to Plastic Pollution?
November 17, 2023Posted on November 17, 2023 by Seth Jaffe Earlier this week, New York State Attorney General Letitia James filed suit against PepsiCo. At the core of the case are allegations that PepsiCo.’s widespread use of single-use plastics has created or contributed to a public nuisance in the Buffalo River. ...

I must be missing something… CEQ’s Playbook for EJ Strategic Plans
November 09, 2023Posted on November 9, 2023 by Krista McIntyre On November 3, 2023, the White House Council on Environmental Quality (CEQ) released a playbook for federal agencies to develop their Environmental Justice Strategic Plans, Strategic Planning to Advance Environmental Justice. This tool provides a ‘how to guide’ for federal agencies...
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Eleventh Circuit Wades into the Everglades on ESA Issues, Miccosukee Tribe v. United States, No. 08-10799
May 21, 2009Posted on May 21, 2009 by Patricia Barmeyer The Eleventh Circuit has waded, again, into the ongoing debates over restoration of the Everglades. In addressing yet another lawsuit filed by the Miccosukee...
The Burlington Northern Decision
May 19, 2009Posted on May 19, 2009 by John Barkett The Supreme Court’s decision in Burlington Northern was not unexpected from my vantage point especially given the literal interpretation of CERCLA by the Court in Avialland Atlantic...
CLEAN WATER ACT PERMITTING REQUIRED FOR PESTICIDE APPLICATIONS
May 19, 2009Posted on May 19, 2009 by Kevin Beaton It is well known that EPA rules developed under the Bush Administration have not fared well in the federal courts. Earlier this year, a...
EPA REQUESTS VOLUNTARY REMAND OF ITS DESERT ROCK ENERGY PROJECT PSD PERMIT DECISION
May 7, 2009Posted on May 7, 2009 by Jarry Ausherman In the desert of New Mexico, the effect of another of the new Administration’s shifts in previous federal environmental policy is being felt....
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)...