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Results: 1-10 of 225

Another front in the climate change battle: NEPA reviews

  • Foley Hoag LLP
  • -
  • USA
  • -
  • October 26 2009

In February 2008, the International Center for Technology Assessment, the Natural Resources Defense Council, and the Sierra Club petitioned the CEQ to “clarify” its regulations to require the assessment of potential climate change impacts in environmental reviews performed under NEPA

The CEQ issues draft Guidance on consideration of climate change under NEPA

  • Foley Hoag LLP
  • -
  • USA
  • -
  • February 22 2010

Late last week, the CEQ issued its long-awaited draft Guidance on how to factor climate change into NEPA reviews

Another step forward for offshore wind: BOEM releases its EA for the Massachusetts offshore Wind Energy Area

  • Foley Hoag LLP
  • -
  • USA
  • -
  • November 4 2012

On Friday, the Bureau of Ocean Energy Management released its Environmental Assessment for the Massachusetts outer continental shelf offshore Wind Energy Area

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

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

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

Utility MACT and reliability: one more brief post

  • Foley Hoag LLP
  • -
  • USA
  • -
  • January 31 2012

When I last posted on the potential impact of the Utility MACT rule on electric system reliability, I swore I was done with the subject

EPA further delays issuance of post-construction stormwater regulation proposal; contractors and developers are distraught (not!)

  • Foley Hoag LLP
  • -
  • USA
  • -
  • December 15 2011

Those following stormwater issues know that EPA is overdue to promulgate a proposed rule for stormwater controls at post-construction sites

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