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
Can the Administration Persuade States Not to Bring Climate Litigation?
February 11, 2026posted on February 11, 2026 by Seth Jaffe Last year, the United States sued the State of Michigan, seeking a preemptive court order preventing Michigan from filing suit against firms in the “fossil fuel industry”. Michigan moved to dismiss, arguing that the case was not ripe and that the...
Congress Tosses a Wrench in the Gears of Public Land Management
January 07, 2026posted on January 7, 2026 by Peter Van Tuyn Congress recently used the Congressional Review Act (CRA) of 1996 to prevent a number of federal land management plans from going into effect. Congressional application of this law to federal land management plans is unprecedented and calls into question the...
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Derivatives Trading in Climate Change Legislation
June 2, 2009Posted on June 2, 2009 by Stephen M. Bruckner ACES & Eights? Swaps and Other Derivatives in Climate Change Legislation By Stephen M. Bruckner On May 21, 2009, the House Energy...
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...