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Blogs & Resources

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

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Whales, Lobsters, and the Paradox of Winning Too Much
December 07, 2023

Posted on December 7, 2023 by Jerry Reid “We’re gonna win so much, you may even get tired of winning. And you’ll say, ‘Please, please. It’s too much winning. We can’t take it anymore.’”  That was what then-candidate Trump promised life would be like in America during his presidency. ...

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Is Litigation the Solution to Plastic Pollution?
November 17, 2023

Posted 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. ...


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September 25, 2023

Posted on September 25, 2023 by Robert V. Percival Effective March 1, 2023, the Chinese government abruptly lifted travel restrictions imposed to combat the COVID pandemic.  In August I...

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When Regulatory Oversight Becomes Inverse Condemnation
September 21, 2023

Posted 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...

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EPA Proposes the Use of AI to Identify Enforcement Targets
September 20, 2023

Posted 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...

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A new battle is brewing in the war over the reach of the Federal Clean Water Act, this one over EPA’s new Section 401 Water Quality Certification rule
September 19, 2023

Posted on September 19, 2023 by Jeffrey Porter EPA is publishing its final rule specifying the role of States and Tribes in the Federal licensing or permitting of activities...

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The Clean Water Act might now have a broader reach in States that challenged EPA’s and the Corps’ pre-Sackett WOTUS rule than in those that didn’t.
September 15, 2023

Posted on September 15, 2023 by Jeffrey Porter Sam Hess of Inside EPA reports that EPA and the Corps of Engineers are going to apply their tenth, post-Sackett, attempt to...

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EPA Must Consult With Other Agencies Before Issuing Water Quality Criteria: Is This an Example of Congressional Use of Behavioral Economics?
September 6, 2023

Posted on September 6, 2023 by Seth Jaffe Last month, Judge John Hunderaker held that the Endangered Species Act requires EPA to consult with the Fish and Wildlife Service...

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Montana Youth Plaintiffs Prevail: One-Off or Tidal Wave?
August 15, 2023

Posted on August 15, 2023 by Seth Jaffe Yesterday, the plaintiffs prevailed in the Montana climate litigation.  Time will tell whether the decision will end up being seen as...

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The ESA Goes Trekkie
August 15, 2023

Posted on August 15, 2023 by Rick Horder I can hear the music in my ear, and the voice: “Space, the final frontier… “. Endangered and threatened species are...

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Disasters and Environmental Laws – Have We Learned Our Lesson?
August 14, 2023

Posted on August 14, 2023 by Steven Miano I recently had the opportunity to speak at a State University of New York (SUNY) conference for a group of exceptional...


October 17, 2023

October 17, 2023For Immediate ReleaseContact: (Washington, DC): The American College of Environmental Lawyers (ACOEL) is proud to announce...

ACOEL Announces Newly-Elected Fellows for 2023
July 27, 2023

July 27, 2023For Immediate ReleaseContact: (Washington, DC): The American College of Environmental Lawyers (ACOEL) is proud to welcome...