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
EPA Designates PFAS as Hazardous Substances; EPA Is More Confident Than I Am that the Sky Isn’t Falling
April 24, 2024Posted on April 24, 2024 by Seth Jaffe Last Friday, EPA formally designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – including their salts and structural isomers! – as hazardous substances under CERCLA. I cannot really quarrel with the underlying decision to list PFOA and PFOS. Given the developing...
Tony Bennett may have left his heart in San Francisco but the City’s appeal of its NPDES permit is on its way to the United States Supreme Court
April 18, 2024Posted on April 18, 2024 by Jeff Porter DOJ and EPA have submitted their brief arguing that the Supreme Court should leave alone a split Ninth Circuit decision upholding a NPDES permit condition prohibiting the permittees, the City and County of San Francisco, from “causing or contributing” to any...
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Dammed If You Do, Damned If You Don’t: Who gets scarce water resources from lakes in times of drought?
October 11, 2023Posted on October 11, 2023 by Thomas Sansonetti The old saying goes “water in the East is for drinking and water in the West is for fighting over!” As...
Global Warming and Insurance Underwriting 2024
September 26, 2023Posted on September 26, 2023 by Jeffrey M. Pollock Although most insurance carriers do not speak in terms of global warming, the insurance market is making rapid changes in...
ENVIRONMENTAL LAW IN CHINA: PERSPECTIVES FROM A RETURN VISIT
September 25, 2023Posted 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...
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...
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...
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, 2023Posted 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...
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, 2023Posted 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...
EPA Must Consult With Other Agencies Before Issuing Water Quality Criteria: Is This an Example of Congressional Use of Behavioral Economics?
September 6, 2023Posted 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...
Montana Youth Plaintiffs Prevail: One-Off or Tidal Wave?
August 15, 2023Posted 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...
ACOEL PRESS RELEASES
ACOEL ANNOUNCES NEWLY ELECTED OFFICERS & REGENTS
October 17, 2023October 17, 2023For Immediate ReleaseContact: admin@acoel.org (Washington, DC): The American College of Environmental Lawyers (ACOEL) is proud to announce...
ACOEL Announces Newly-Elected Fellows for 2023
July 27, 2023July 27, 2023For Immediate ReleaseContact: admin@acoel.org (Washington, DC): The American College of Environmental Lawyers (ACOEL) is proud to welcome...