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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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Bounty laws and citizen suits
May 24, 2023

Posted 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...

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The Supreme Court Majority Prepares to Bury Chevron; Is There Anyone Left to Praise It?
May 05, 2023

Posted 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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Can Cumulative Impact Analysis Improve Cost-Benefit Analysis?
October 24, 2022

Posted on October 24, 2022 by Seth Jaffe As frequent readers know, I am a big fan of cost-benefit analysis.  The basic idea is that, when we make a...

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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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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...


December 13, 2022

December 13, 2022For Immediate ReleaseContact: (Washington, D.C.): The ACOEL Foundation is proud to announce its 2022-2023 Officers and...

October 18, 2022

October 18, 2022For Immediate ReleaseContact: (Washington, DC): The American College of Environmental Lawyers (ACOEL) is proud to announce...