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
When Regulatory Oversight Becomes Inverse Condemnation
September 21, 2023Posted on September 21, 2023 by Jeffrey Haynes The Michigan Court of Appeals issued a decision that may upend our usual notion that environmental regulation does not ordinarily give rise to an inverse condemnation claim. In Krieger v. Dep’t of Environment, Great Lakes and Energy, the court denied the...
EPA Proposes the Use of AI to Identify Enforcement Targets
September 20, 2023Posted on September 20, 2023 by Stephen Gidiere As far as I know, this headline is false. But is it so hard to imagine? EPA actually maintains an “artificial intelligence inventory” that claims EPA has developed “a proof-of-concept to improve enforcement of environmental regulations through facility inspections by the...
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EPA’s Roll-Back of Bush-Era Rules Appears to Begin in Earnest
February 13, 2009Posted on February 13, 2009 by Seth Jaffe While a lot of attention has been paid to whether EPA would reverse the Bush EPA decision denying California’s petition to regulate greenhouse...
UNITED STATES NEEDS TO GET ON BOARD IN 2009 WITH THE ONE-WATT INITIATIVE
February 9, 2009Posted on February 9, 2009 by Stephen E. Herrmann TAKE ACTION ON PHANTOM LOADS: The One-Watt Initiative is a fairly simple regulatory program proposed for eliminating unnecessary electricity losses from electronic...
Certification Board Adopts Standards for Environmental Auditing and Program Design
February 6, 2009Posted on February 6, 2009 by Ridgway Hall In December, 2008, the Board of Environmental, Health and Safety Auditor Certifications (BEAC) issued its Performance and Program Standards for the Professional Practice of...
A Quick Economic Stimulus Meets a Slow Environmental Process – Are NEPA Waivers Needed to Reach Energy Independence?
January 30, 2009Posted on January 30, 2009 by Bradley Marten President Obama has pressed Congress this week to enact an economic stimulus package that would “double our capacity to generate alternative sources of...
MIDWEST GREENHOUSE GAS REDUCTION ACCORD RECOMMENDATIONS CONTINUE TO ADVANCE
January 20, 2009Posted on January 20, 2009 by David Flannery The Advisory Groups working on the Midwest Greenhouse Gas Reduction Accord and the Midwest Governor’s Association Platform met in Indianapolis on January 14...
Superfund Liability and Apportionment – Burlington Northern v. United States
January 20, 2009Posted on January 20, 2009 by Theodore Garrett Although the Superfund statute is now 28 years old, basic issues of liability and apportionment of liability remain unresolved. This term, the U.S. Supreme...
More Clean Water Act Citizen Suits on the Way?
January 20, 2009Posted on January 20, 2009 by Fournier J. Gale, III At least in the Southeast, the popularity of Clean Water Act citizen suits has waxed and waned over the course of...
Environmental Site Assessment Flexibility or Further Complexity? EPA Adopts Forestland and Rural Property Phase I Standard Practice
January 16, 2009Posted on January 16, 2009 by Charles Efflandt On December 23, 2008, EPA issued a direct final rule amending the “All Appropriate Inquiries Rule” by adopting ASTM...
The Role of States in Climate Change Regulation
January 14, 2009Posted on January 14, 2009 by Roger Ferland 50 Ariz. L. Rev. 674-938 (2008) The primary function of the articles produced to date for this blog has been to alert...