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CAA Does Not Preemmpt Source State Common Law Actions 27 Aug 2013 | 02:11 am
On August 20, 2013, the U.S. Court of Appeals for the 3rd Circuit in Bell et al. v. Cheswick Generating Station, GenOn Power Midwest, L.P. answered a question of first impression: “whether the Clean A...
Those Dam Polluters! 23 Aug 2013 | 11:00 pm
The Columbia and Snake River federal network of dams, and the abundance of low cost electricity it produces, has long been the cornerstone of the Pacific Northwest manufacturing economy. It has also ...
New Frontiers of Environmental Advocacy 22 Aug 2013 | 01:47 am
Since one of the objectives of the ACOEL blog is to promote thought and discussion, I have decided to plunge in with abandon. Hopefully the objective of promoting discourse will be met. We all have ...
D.C. Circuit Slams the NRC, Grants a Rare Writ of Mandamus The Next Chapter of the Yucca Mountain Odyssey 20 Aug 2013 | 01:05 am
For years the nuclear power industry, which could serve as a climate neutral bridge to a more carbon neutral energy policy, has been hampered by the high cost of electricity production and difficulty ...
What Direction Is The Wind Blowing? 16 Aug 2013 | 10:17 pm
Ever since the shock of the oil embargo in 1973 we have been a nation in search of a comprehensive, sound energy policy. It was only a year later, in response to the proposal by Aristotle Onassis to l...
Environmental Regulation and the Rhode Island Business Climate: Governor Chaffee Tries To Fix It 15 Aug 2013 | 09:55 pm
The business climate in Rhode Island is viewed by many observers as unpromising at best and dismal at worst. The reasons are too numerous to articulate here, but at least there is an effort now being ...
The Six Month Extension for a Listing Determination of the Lesser Prairie Chicken and Relevant Considerations Moving Forward 13 Aug 2013 | 09:18 pm
The status of the Lesser Prairie Chicken has received a lot of attention over the last two years, but those affected by a listing decision will have to wait another six months to know whether the noto...
Petroleum Refinery Enforcement Initiative 2.0 5 Aug 2013 | 08:09 pm
Enforcement with a Flair EPA has seen the smoke. This certainly is no joke. Benzene is a neighborhood scare, With upsets going to the flare. On July 10, the Department of Justice and EPA announced t...
Finding Common Ground 2 Aug 2013 | 12:41 am
Last month’s decision by the U.S. Supreme Court in Koontz v. St. Johns River Water Management District has been the subject of intense dialogue among ACOEL members and environmental lawyers around the...
Cooperative Federalism? We Don’t Need No Stinkin Cooperative Federalism 31 Jul 2013 | 11:54 pm
On Friday, July 19, the Court of Appeals for the 10th Circuit, in Oklahoma v. EPA, affirmed EPA’s rejection of Oklahoma’s state implementation plan setting forth its determination of the Best Availabl...
