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EPA compromises (again) on the boiler rule: will it get any credit?

  • Foley Hoag LLP
  • -
  • USA
  • -
  • December 6 2011

On Friday, EPA proposed certain revisions to its rule on air emissions from boilers and commercial and industrial solid waste incinerators (CISWI

A man's home (or mall or other business) may be his castle -- but he still has to provide access when contamination is at issue

  • Foley Hoag LLP
  • -
  • USA
  • -
  • January 28 2011

Two recent decision illustrate that PRPs do hold some cards in hazardous waste litigation, particularly if they are willing to be aggressive in investigating the contamination

Clean power plants make good neighbors: EPA grants first sole source petition under Section 126 of the Clean Air Act

  • Foley Hoag LLP
  • -
  • USA
  • -
  • November 1 2011

Yesterday, EPA announced that it was granting the petition submitted by New Jersey under 126 of the Clean Air Act, requiring the Portland Generating Station in Upper Mount Bethel Township, Pennsylvania, to reduce emissions of SO2, in order to avoid causing exceedances of the NAAQS for SO2 downwind in New Jersey

The deck is still stacked in the government's favor -- is this a good thing?

  • Foley Hoag LLP
  • -
  • USA
  • -
  • July 21 2010

Last week, in City of Pittsfield v. EPA, the First Circuit Court of Appeals affirmed denial of a petition by the City of Pittsfield seeking review of an NPDES permit issued by EPA

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

Bad day at Black (Coal) Rock

  • Foley Hoag LLP
  • -
  • USA
  • -
  • March 26 2010

Last week, I noted that Gina McCarthy, EPA's Assistant Administrator for Air and Radiation, suggested that, in the short run, the most significant pressure on inefficient energy sources would come, not from climate change legislation or from EPA GHG regulations, but instead from all of the conventional pollutant regulations that EPA expects to promulgate that will make use of coal much more expensive