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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EPA Proposes to List PFOA and PFOS as Hazardous Substances: What Could Possibly Go Wrong?
September 6, 2022Posted 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...
QUANTIFYING TRIBAL RESERVED WATER RIGHTS IN STATE WATER ADJUDICATIONS
August 25, 2022Posted on August 25, 2022 by Tom Sansonetti The West’s Mega-Drought continues and in June 2022 the federal government’s Bureau of Reclamation sent notices to the Colorado River’s seven...

Where Credits Could Be Due—an Ingenious, Proposal for Carbon Credits
August 23, 2022Posted on August 23, 2022 By Brian Rosenthal An award winning paper from a national, student writing competition contains a thought-provoking proposal on creating a carbon credit bonus system...
Progressive New Jersey, Take Two
August 22, 2022Posted on August 22, 2022 by Dennis Krumholz Classical advice for the neophyte novelist is to “write what you know.” Well, the same ought to hold true for blogs. ...

The Ministry of Major Questions Is Open for Business
August 16, 2022Posted on August 16, 2022 by J.B. Ruhl Now that Congress knows there is such a thing as the Major Questions Doctrine, what can Congress do about it? Think...

When Is An Enforcement Action Not An Enforcement Action?
August 11, 2022Posted on August 11, 2022 by Tommy Lavender Well, when the Fourth Circuit says a state enforcement action is not enough, it should be cause for concern. In the...

MUCK ADO ABOUT SOMETHING
August 2, 2022Posted on August 2, 2022 by Richard Horder Susan Cooke’s recent post about the importance of peatland for carbon sequestration took me back to my law school days when...

Superfund $$ Lives on – to 2031 at least!
August 1, 2022Posted on August 1, 2022 by Jennifer Nijman We’ve all read about the recent reinstatement of the taxes that fund the Comprehensive Environment Response, Compensation, and Liability Act (CERCLA)....

The Battle Over PFAS Continues to Heat Up. The Assessment of Costs and Benefits Remains Undone.
July 26, 2022Posted on July 26, 2022 by Seth Jaffe Last month, EPA issued interim health advisories for PFOA and PFOS that took many people’s breath away. It is rather amazing...