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EPA defends the biomass deferral rule -- it feels more like Rube Goldberg every day

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

On Tuesday, EPA filed its brief in support of its rule deferring regulation of GHG emissions from biomass facilities until 2014

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

Securities and Exchange Commission publishes its interpretive release on climate change related disclosures

  • Foley Hoag LLP
  • -
  • USA
  • -
  • February 5 2010

In early February, the Securities and Exchange Commission published an interpretive release (Release Nos. 33-9106 and 34-61469) about public company disclosures related to climate change

GHG nuisance claims? Yes? No? Maybe?

  • Foley Hoag LLP
  • -
  • USA
  • -
  • October 19 2009

Two more decisions were released last week concerning whether nuisance claims could be brought with respect to harm alleged to have resulted from private conduct contributing to climate change

Want to know why Congress can't pass climate legislation? Here's your answer

  • Foley Hoag LLP
  • -
  • USA
  • -
  • January 4 2011

And you thought that the explanation was just partisan gridlock in Washington?

Which comes first, innovation or regulation?

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

Two seemingly unrelated stories in Wednesday's trade press got me thinking - always dangerous - about the relationship between regulation and

Perhaps the next coastal project won't take 10 years: the First Circuit preempts some state authority

  • Foley Hoag LLP
  • -
  • USA
  • -
  • October 27 2009

Public and private developers spend a lot of time talking about NIMBY, or Not In My Backyard

Another climate update: are moderates coming aboard?

  • Foley Hoag LLP
  • -
  • USA
  • -
  • April 16 2010

As Senators Kerry, Lieberman, and Graham get ready to release their version of a climate bill, negotiations with moderate Democrats are heating up

EPA issues Step 3 of the Tailoring Rule: did anyone hear the tree fall?

  • Foley Hoag LLP
  • -
  • USA
  • -
  • February 28 2012

On Friday, EPA released “Step 3” of the GHG Tailoring Rule

Do we need the precautionary principle to protect us from potential risks from nanotechnology? The NRDC thinks so

  • Foley Hoag LLP
  • -
  • USA
  • -
  • January 29 2012

In a prior rant, I raised the concern that EPA would oppose the use of new cleanup technologies based on nanotechnologies on the basis of the precautionary principle