We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 225

Coming soon from EPA: more enforcement

  • Foley Hoag LLP
  • -
  • USA
  • -
  • September 28 2010

If environmental lawyers have been wondering when they're going to get their share of economic stimulus, it's time to stop wondering

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

I believe in environmental regulation, but.

  • Foley Hoag LLP
  • -
  • USA
  • -
  • June 7 2013

As readers of this blog know, I believe in governmental environmental regulation. We have a complicated world and it is not surprising that many

California GHG auction: some anecdotal evidence of the cost of regulatory uncertainty?

  • Foley Hoag LLP
  • -
  • USA
  • -
  • February 26 2013

The California Air Resources Board just released the results of its second auction of GHG allowances. While the auction for vintage 2013 allowances

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

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

Not a good week for private climate change litigation: the Supreme Court denies review in Kivalina

  • Foley Hoag LLP
  • -
  • USA
  • -
  • May 23 2013

It has not been a good run for plaintiffs in private climate change litigation. As we noted last week, the 5th Circuit Court of Appeals affirmed

Hurray! A district court actually follows Burlington Northern

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

Recently, I expressed concern that District Courts, which traditionally have never seen a CERCLA plaintiff they didn't like, would ignore the Supreme Court's Burlington Northern decision - at least until there is another Supreme Court decision affirming that Supremes really meant the two-part holding in Burlington Northern: (1) divisibility isn't that hard and (2) parties aren't liable as arrangers unless they actually intended to dispose of hazardous material