Late last month, Chief Judge Brenda Sannes, of the Northern District of New York, ruled that New York State’s “climate superfund” law is preempted by federal law. Relying on the 2nd Circuit opinion from 2021 in City of New York
ACOEL Blogs & Resources
ACOEL Blogs & Resources, published by the American College of Environmental Lawyers, covers legal developments and analysis related to environmental law and policy. Topics include judicial interpretations of the National Environmental Policy Act (NEPA), Clean Water Act jurisdiction and regulations, administrative and regulatory reform efforts, climate change litigation against the government, and historical perspectives on environmental protection efforts. The blog addresses issues such as agency deference in environmental reviews, regulatory streamlining and deregulatory actions, and the evolving landscape of environmental litigation and regulation at federal and appellate court levels.
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Bombs on the Beach: Dept. of the Air Force v. Prutehi Guahan
By ACOEL
It’s a big week for environmental law at the U.S. Supreme Court, with Suncor Energy v. Boulder County argued on the First Monday in October 2026, followed by Dept. of the Air Force v. Prutehi Guahan to be argued on…
The People’s Parks
By ACOEL
When I see a National Park entrance sign my shoulders soften, my breathing slows, and a wave of happiness flows through me. These places and spaces are under attack and it’s making me angry. Construction of a border wall in…
ACOEL Announces Newly Elected 2026-27 Officers and Regents
ACOEL welcomes the class of 2026 to the College with the election of 19 new fellows, each a prominent environmental practitioner in private practice, academia, a not-for-profit organization, or the government.
The post ACOEL Announces Newly Elected 2026-27 Officers and…
Climate at the Supreme Court: Suncor v. Boulder
By ACOEL
During the spring 2026 semester, I taught Climate Change Law and Policy at the Indiana University McKinney School of Law. The last time I taught the class was in 2021 before I joined the Biden Administration. Boy, how times have…
EPA Still Has Authority to Regulate in the Face of Uncertainty
By ACOEL
Last week, in Chamber of Commerce v. EPA, the D.C. Circuit Court of Appeals rejected challenges to EPA’s decision to list PFOA and PFOS, the two most prominent PFAS compounds, as hazardous substances under CERCLA. It’s an important decision, and not just…
What do Data Centers and Trout Have in Common? (Hint – not a lot other than their need for water…)
By ACOEL
As some of you know, I am an avid fly fisherperson. My favorite fish to target is trout (catch and release of course). I’m also a board member of our local Trout Unlimited Chapter. Trout Unlimited (or TU) is the…
DOI Finalizes Dramatic Improvements to the Natural Resource Damages Regulations
By ACOEL
On July 13, 2026, the U.S. Department of the Interior (DOI) released its final rule promulgating dramatic—and much needed—revisions to its regulations for natural resource damage (NRD) assessments. The finalized rule allows natural resource trustees (e.g. federal, state and tribal…
Will Oklahoma Ever Settle Its Chickensh*t Lawsuit?
By ACOEL
Twenty-one years ago, Oklahoma sued six of the major national poultry companies. (For context, the first iPhone was still in development at the time the complaint was filed.) Oklahoma alleged that poultry litter generated and land applied by the companies’…
A Tale of Two Global Environmental Credit Treaties?
The readers of this blog probably have at least heard of these terms: CORSIA (Carbon Offsetting and Reduction Scheme for International Aviation), by the International Civil Aviation Organization (ICAO), the “Net Zero Framework” by the International Maritime Association (IMO). In…