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Massachusetts releases its revised solid waste master plan: are we really on a pathway to zero waste?

Foley Hoag LLP
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USA
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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

Jarndyce v. Jarndyce has nothing on Comer v. Murphy Oil: the Fifth Circuit Court of Appeals affirms dismissal

Foley Hoag LLP
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USA
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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

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

Foley Hoag LLP
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USA
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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

Equal protection claims concerning disparate enforcement of environmental laws remain an uphill battle

Foley Hoag LLP
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USA
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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

EPA splits the baby on backup generators: still allows 100 hours use, but now requires ultra low sulfur diesel

Foley Hoag LLP
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USA
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January 16 2013

Yesterday, EPA finalized revisions to the National Emissions Standards for Hazardous Air Pollutants for stationary reciprocating internal combustion

How much circumstantial evidence is enough to establish liability? More than just proximity and a bad name

Foley Hoag LLP
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USA
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December 16 2010

Sometimes, good lawyering does matter

Vapor intrusion and the National Priorities List: why should the biggest superfund problem not be regulated under superfund?

Foley Hoag LLP
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USA
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May 3 2011

As I have previously mentioned, EPA is considering including criteria related to vapor intrusion (VI) in the hazard ranking system scoring used to determine which sites should be added to the National Priorities List

Logging road runoff does not require an NPDES permit: the Supreme Court (for now) defers to EPA’s interpretation of its own regulations

Foley Hoag LLP
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USA
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March 21 2013

Yesterday, in Decker v. Northwest Environmental Defense Center, the Supreme Court ruled that runoff from logging roads does not constitute a

EPA finalizes revisions to the utility MACT rule for new plants

Foley Hoag LLP
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USA
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March 31 2013

On Thursday, EPA finalized revisions to the Mercury and Air Toxics Standards, or MATS (also known as "Utility MACT"). The most significant change was

EPA loses another battle in the war over guidance: the Eighth Circuit vacates EPA policies on mixing zones and bypasses

Foley Hoag LLP
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USA
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March 26 2013

On Monday, EPA lost another battle in the war over guidance. In Iowa League of Cities v. EPA, the 8th Circuit Court of Appeals vacated two letters

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