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Do liability policies, particularly pollution liability insurance policies, exclude coverage for all injunctions? The Fifth Circuit says no
- Foley Hoag LLP
- -
- USA
- -
- May 22 2013
The Fifth Circuit handed down an important decision last week, Louisiana Generating LLC v. Illinois Union Insurance Company, clarifying the scope of
Why trial courts are reluctant to exclude scientific evidence in toxic tort cases
- Foley Hoag LLP
- -
- USA
- -
- May 21 2013
Environmental litigation, particularly toxic tort litigation, inevitably turns on scientific evidence about causation. Beginning with the Supreme
Jarndyce v. Jarndyce has nothing on Comer v. Murphy Oil: the Fifth Circuit Court of Appeals affirms dismissal
- Foley Hoag LLP
- -
- USA
- -
- May 17 2013
Readers of this blog will recall the bizarre history of Comer v. Murphy Oil. In 2005, Plaintiffs brought tort claims against major GHG emitters
Massachusetts releases its revised solid waste master plan: are we really on a pathway to zero waste?
- Foley Hoag LLP
- -
- USA
- -
- May 8 2013
On Tuesday, MassDEP announced release of its updated Solid Waste Master Plan, subtitled "Pathway to Zero Waste." The Plan's most significant
What response costs are necessary under CERCLA
- Foley Hoag LLP
- -
- USA
- -
- April 24 2013
In a post last year, I discussed what I I thought was the dubious dismissal of a CERCLA cost recovery action in Stratford Holding, LLC v. Fog Cap
When is the meaning of a statute sufficiently plain? The D.C. Circuit restores EPA authority to withdraw approval of section 404 permits
- Foley Hoag LLP
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- USA
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- April 24 2013
In a decision on Tuesday that must have sent shivers down the spine of every coal company executive, the D.C. Circuit Court of Appeals restored EPA's
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
CZM proposes regulations to implement ocean management plan and update federal consistency review program
- Foley Hoag LLP
- -
- USA
- -
- April 22 2013
The Massachusetts Office of Coastal Zone Management (CZM) recently released for public review and comment draft regulations designed to update
Equal protection claims concerning disparate enforcement of environmental laws remain an uphill battle
- Foley Hoag LLP
- -
- USA
- -
- April 17 2013
In 2000, in its 2-page per curiam opinion in Village of Willowbrook v. Olech, the Supreme Court gave hope to developers and property owners that the
PCS Nitrogen Inc. v. Ashley II of Charleston: required reading for superfund lawyers
- Foley Hoag LLP
- -
- USA
- -
- April 9 2013
The Fourth Circuit handed down a primer on CERCLA liability last week in PCS Nitrogen Inc. v. Ashley II of Charleston. It should be required reading
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