What happens when an emerging industry decides to secede from the power grid? In Pecos County, deep in West Texas’ Permian Basin, a data center developer claims to hold the largest power-generation air permit in the United States. According to Pacifico Energy, the Texas Commission on Environmental Quality has authorized 7.65 gigawatts of gas-fired generation
American College of Environmental Lawyers - ACOEL Blogs
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Appalachia Invites NEPA Along Its Country Roads, Again
The Federal Energy Regulatory Commission (FERC) issued an order on June 18, 2026, granting the Eastern Gas Transmission and Storage, Inc. application requesting authorization to construct, operate and maintain certain facilities located in western Pennsylvania and eastern Ohio (Appalachian Reliability Project). Docket No. CP25-528-000. Appalachia is rich with abundant natural resources where the National Environmental Policy
Oregon Wants Better Buildings
Just down the block from my office in Portland, an enormous set of jaws has been steadily devouring an elegant, slightly time-worn building. Very soon, the 1906 Governor Building, until recently the home of performance artists, a tattoo parlor and an iconic record store, will be reduced to a giant pile of bricks, plaster, wood,
Whither Goest Offshore Wind Projects in the United States?
It’s 2007—The American College of Environmental Lawyers is founded by 23 attorneys, including me. George W. Bush, Jr., is President. It’s 2008—I begin working on offshore wind development, and Barack Obama is elected President. I also become President-Elect of the College, hosting the Annual Meeting in Portland, Maine. It’s 2025-26—The College has grown and thrived;
Digging Ourselves Out of a Hole: Enabling Beneficial Uses of Dredged Material
Dredging of navigational channels is an essential function of the Corps of Engineers, supporting national security and maintaining shipping and other commercial and recreational uses of our waterways. Pursuant to its authority under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, the Corps issues permits for the discharge of
ACOEL Announces Newly-Elected Fellows for 2026
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 Fellows for 2026 appeared first on ACOEL.
Keeping Secrets Under TSCA Has Never Been Easy and it is Getting Harder
Keeping confidential business information (CBI) secret and protected from disclosure has long been a bedrock principle of the Toxic Substances Control Act (TSCA). TSCA Section 14 provides broad protection for proprietary information about chemicals in commerce and reflects a clear congressional intent to protect sensitive business information from disclosure, thereby fostering competition and rewarding innovation.
Are State Legislatures Artificially Intelligent or Humanly Thinking?
posted on February 23, 2026 by Kathy Beckett
State legislatures across the country are wrangling with how to manage development of data centers. A myriad of stakeholders have many messages to deliver to thought leaders, but sorting those inputs into correct knowledge of the world (“world state”) is the problem looking
Burning Down the House (and Planet): Trump’s Torching of the Endangerment Finding
posted on February 18, 2026 by Victoria Arroyo
As anticipated, the Trump Administration repealed EPA’s 2009 endangerment finding and EPA’s vehicle standards. The final rule didn’t actually attack the underlying science showing that climate change endangers human health and welfare; indeed, Trump’s EPA abandoned that approach because
Can the Administration Persuade States Not to Bring Climate Litigation?
posted 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