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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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Risky Business: Deciding Whether Chemicals Pose Risk Is Getting Really Confusing
January 27, 2023

Posted on January 27, 2023 by Lynn L. Bergeson Chemicals are the foundational origin of just about everything we enjoy and cannot live without. The federal law that authorizes the U.S. Environmental Protection Agency (EPA) to regulate industrial chemical substances is the Toxic Substances Control Act (TSCA), an almost...

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The Conundrum of Managed Retreat
January 20, 2023

Posted on January 20, 2023 by Elizabeth Andrews Should I stay or should I go now?If I go, there will be troubleAnd if I stay it will be double…(The Clash) In the climate change resilience space, there is much talk of Managed Retreat – the concept that some areas...

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Will EPA Ignore a Flagrant Violation of the Clean Water Act?
October 24, 2022

Posted on October 24, 2022 by Allan Gates On October 15th a large mob engaged in a public and ritualistic violation of the Clean Water Act in Knoxville, Tennessee. ...

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Climate Change: Is The Answer “Blowin’ in the Wind”?
October 18, 2022

Posted on October 18, 2022 by Jeff Civins Hurricane Ian brought “fierce winds, unrelenting rains and catastrophic flooding to southwest Florida.   As Ian approached, Florida, Governor Ron DeSantis acknowledged...

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Tack Into The Wind
October 17, 2022

Posted on October 17, 2022 by Chuck Becker BEFORE THE SUPREME COURT OF THE ENVIRONMENT DeMo Crate, LLC,Plaintiff,vs.Republic Canning Co.,Defendant. ))))))) JKDNG:02292022 RULING ON APPEAL     Justice Toldyu delivered the...

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COME TOGETHER – RIGHT NOW
October 3, 2022

Posted on October 3, 2022 by Ronald R. Janke Environmental lawyers should consider the benefits of in-person communication on environmental decision-making when arranging meetings with their clients, colleagues, adversaries,...

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Taking Bets: The Supreme Court Is Just About to Split NPDES and Section 404 Permitting Under the Clean Water Act
September 30, 2022

Posted on September 30, 2022 by Robin Kundis Craig The first Monday in October is just around the corner, and the first oral argument on the Supreme Court’s agenda...

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Sackett Preview: Sound and Fury Signaling What Exactly?
September 30, 2022

Posted on September 30, 2022 by Pat Parenteau The Supreme Court kicks off its 2022 term on October 3 with the highly anticipated argument in Sackett v EPA. Petitioners...

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Third-Party Evidence in Arbitration: A Fix for a Flaw in the FAA
September 26, 2022

Posted on September 26, 2022 by John M. Barkett Environmental disputes are frequently arbitrated.  In buyer-seller cases, for example, arbitration is often the preferred means of dispute resolution.  At...

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The Senate Ratifies the Kigali Amendment: Is Bipartisan Climate Action Possible?
September 23, 2022

Posted on September 23, 2022 by Seth Jaffe Earlier this week, the Senate ratified the Kigali Amendment to the Montreal Protocol.  The amendment, which has already been ratified by...

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EPA Proposes to List PFOA and PFOS as Hazardous Substances: What Could Possibly Go Wrong?
September 6, 2022

Posted on September 6, 2022 by Seth Jaffe EPA announced late last month that it is proposing to list PFOA and PFAS as hazardous substances under CERCLA.  EPA appears...


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