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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

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

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

Weighing the costs and benefits of cost-benefit analysis

  • Foley Hoag LLP
  • -
  • USA
  • -
  • April 8 2013

I have previously posted about Cass Sunstein's efforts to bring cost-benefit analysis to government regulation. On Friday, E&E News reported on

Wondering about the status of EPA's CCR rule? So are 11 environmental groups

  • Foley Hoag LLP
  • -
  • USA
  • -
  • April 10 2012

EPA published two separate proposals for regulating coal ash one under Subtitle C and one under Subtitle D on June 21, 2010

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

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