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More on the permit shield defense: a permittee is gasp entitled to rely on regulations and permits issued by delegated state agencies

  • Foley Hoag LLP
  • -
  • USA
  • -
  • August 20 2013

Late last month, we noted that a permittee may not rely on the permit shield defense unless it has clearly informed the permitting agency of the

Coming to a steam electric generating plant near you in May 2014 new effluent limitation guidelines

  • Foley Hoag LLP
  • -
  • USA
  • -
  • April 23 2013

Last Friday, EPA announced release of its draft proposal to revise the effluent guidelines and standards for the steam electric power generating

The actual to projected future actual test: when does EPA get to review generators’ projections?

  • Foley Hoag LLP
  • -
  • USA
  • -
  • March 29 2013

On Thursday, in United States v. DTE Energy Company, the 6th Circuit Court of Appeals revived EPA's enforcement action against DTE energy for alleged

Unstated rule on superfund liability for sale of a usable product one year later

  • Foley Hoag LLP
  • -
  • USA
  • -
  • March 1 2013

Exactly a year ago, I posted a blog that argued that the decisions on Superfund liability for the sale of usable product could be distilled down to

Building energy reporting comes to Boston (almost)

  • Foley Hoag LLP
  • -
  • USA
  • -
  • February 25 2013

Today, Mayor Menino forwarded to the Boston City Council proposed amendments to the City of Boston Code that would require owners of many city

Dog bites man: Supreme Court edition

  • Foley Hoag LLP
  • -
  • USA
  • -
  • January 9 2013

In a curious, but unsurprising, decision yesterday, in Los Angeles County Flood Control District v. NRDC, the Supreme Court held that the flow of

Coming (sort of) soon to an ocean near you: 4 gigawatts of wind power

  • Foley Hoag LLP
  • -
  • USA
  • -
  • November 16 2012

As a follow-up to my post earlier this month on BOEM’s release of the Environmental Assessment for the Massachusetts Wind Energy Area, I just thought that I would note that, according to Daily Environment Report, Maureen Bornholdt of BOEM announced earlier this week at a public hearing on the EA that BOEM expects to start auctioning leases for the WEA by the fall of 2013

An example of true judicial restraint: Judge Robert Chambers affirms the Highland Mining 404 permit

  • Foley Hoag LLP
  • -
  • USA
  • -
  • August 17 2012

After my post on judicial restraint and the lack thereof in Texas v. EPA, the opinion issued last week by Judge Robert Chambers, in Ohio Valley Environmental Coalition v. United States Army Corps of Engineers, affirming the Corps’ 404 permit for Highland Mining’s Reylas Surface Mine, seemed particularly notable

Not a good start for challenges to EPA NAAQS revisions: the District of Columbia Court of Appeals affirms EPA's new NOx NAAQS

  • Foley Hoag LLP
  • -
  • USA
  • -
  • July 18 2012

Yesterday, in American Petroleum Institute v. EPA, the D.C. Circuit Court of Appeals affirmed EPA’s revisions to the National Ambient Air Quality Standard for NOx

In RGGI news: compliance is up, emissions are down, sales are flat, and New Jersey and New Hampshire are either in or out

  • Foley Hoag LLP
  • -
  • USA
  • -
  • June 13 2012

There have been a number of news stories about the Regional Greenhouse Gas Initiative (RGGI) in the last few weeks