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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PENNSYLVANIA SUPREME COURT HOLDS STATE’S LEGAL REPRESENTATION LEGALLY INADEQUATE FOR FAILURE TO ARGUE ENVIRONMENTAL RIGHTS AMENDMENT
September 6, 2024Posted on September 6, 2024 by Robert B. McKinstry, Jr. and John C. Dernbach On July 18, 2024, the Pennsylvania Supreme Court decided that environmental groups were entitled to...
Plastic’s Smoking Gun on the Road to Busan
August 28, 2024Posted on August 28, 2024 by Mary Ellen Ternes In the 1967 movie “The Graduate,” a family friend famously tells the title character “I just want to say one...
CLIMATE-COMPETENT LAWYERING
August 19, 2024Posted on August 19, 2024 by John C. Dernbach It is becoming increasingly difficult to practice law without some knowledge of climate change as well as the law related...
Some Evidence that Deference to Agency Technical Decisions May Survive Loper-Bright
August 15, 2024Posted on August 15, 2024 by Seth D. Jaffe Late last month, I noted that the overturning of Chevron did not mean the end of judicial deference to agency...
THE TIME IS OVERDUE TO INTENTIONALLY ALIGN ENVIRONMENTAL JUSTICE AND SUSTAINABILITY
July 23, 2024Posted on July 23, 2024 by Alexandra Dapolito Dunn This blog posting is derived from an article I recently published in the University of Missouri, Kansas City Law Review...
Good to the Last Drop?
July 11, 2024Posted on July 11, 2024 by J.B. Ruhl Our national climate goals of net zero emissions, renewable energy transition, electrified vehicle fleets, clean steel, green hydrogen, and the rest...
What Is False and Misleading Is Anyone’s Guess
July 8, 2024Posted on July 8, 2024 by Lynn L. Bergeson* A federal district court recently issued an Order to enjoin enforcement of California’s Proposition 65 warnings related to titanium dioxide...
TIME HAS COME FOR A NEW DECLARATION OF INDEPENDENCE
July 3, 2024Posted on July 3, 2024 by Jeff Thaler The ACOEL webpage “About Us” states that we are to be “Advocates for environmental law and process for a better environmental...
After Jarkesy, What Happens to EPA’s Authority to Collect Administrative Civil Penalties?
July 3, 2024Posted on July 3, 2024 by Seth D. Jaffe Last week, in SEC v. Jarkesy, the Supreme Court ruled that the defendants in a securities fraud case brought by...