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

Bounty laws and citizen suits
May 24, 2023Posted May 24, 2023 by Tracy Hester In a jurisprudential pile-up, the Fifth Circuit has become the arena for two simultaneous legal battles that may shape the law of standing and realign federal environmental law. While all eyes are on the U.S. Supreme Court as it releases backlogged decisions...

The Supreme Court Majority Prepares to Bury Chevron; Is There Anyone Left to Praise It?
May 05, 2023Posted on May 5, 2023, by Seth Jaffe Earlier this week, the Supreme Court accepted cert. in Lopez Bright Enterprises v. Raimondo, which presents a straightforward challenge to the continuing viability of Chevron. The question presented was: Whether the Court should overrule Chevron or at least clarify that statutory...
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“. . . and the skies are not cloudy all day”: Tackling Contrails
February 8, 2023Posted on February 8, 2023 by Susan M. Cooke On October 7, 2022, member states of the International Civil Aviation Organization adopted a long term aspirational goal (LTAG) of...

Risky Business: Deciding Whether Chemicals Pose Risk Is Getting Really Confusing
January 27, 2023Posted 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 Conundrum of Managed Retreat
January 20, 2023Posted 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...

Backwards, forwards, square, and round. The battle over the reach of the Federal Clean Water Act continues.
January 12, 2023Posted on January 12, 2023 by Jeff Porter Backwards, forwards, square and round. So goes a lyric by the late great Jeff Beck who died this week. Mr. Beck...
The Seemingly Endless Path to Define WOTUS
January 12, 2023Posted on January 12, 2023 by Chester Babst The definition of “waters of the United States” (WOTUS) determines federal jurisdiction under the Clean Water Act (CWA). It affects U.S....

ESG: What is the outlook?
January 11, 2023Posted on January 11, 2023 by Bessie Daschbach Environmental, Social and Governance (“ESG”) marked 2022 news headlines—and it wasn’t all good news. Among the many ESG developments was a...
Marbury v. Chevron: The Ohio Constitution’s Separation of Powers Restricts Deference to Administrative Interpretations of Law
January 4, 2023Posted on January 4, 2023 by Robert L. Brubaker Marbury v. Madison established that “t is emphatically the province and duty of the judicial department to say what the...

From Dust You Were Made, From Dust You Shall Return: On Human Composting & Upcycling (in some cases)
December 27, 2022Posted on December 27, 2022 by Marla E. Wieder New York State is on the verge of legalizing human composting. The bill (Assembly Bill A382 and the Senate version,...

In Praise of Fuzzy Math
December 27, 2022Posted on December 27, 2022 by Amy Sinden As we approach the two-year mark, there are plenty of unfinished items on the President’s to-do list. One in particular that...