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Results: 1-10 of 215

Which is worse? EPA oversight or citizen oversight?

  • Foley Hoag LLP
  • -
  • USA
  • -
  • June 10 2013

Everyone who represents PRPs in Superfund settlements has his or her own horror stories regarding the scope of EPA's oversight cost claims. We all

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

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

City of Arlington v. FCC: did the Supreme Court just expand the scope of Chevron deference? No.

  • Foley Hoag LLP
  • -
  • USA
  • -
  • May 24 2013

On Monday, in City of Arlington v. FCC, the Supreme Court made clear that agency interpretations of ambiguous statutes are entitled to deference even

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

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

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

When is the meaning of a statute sufficiently plain? The D.C. Circuit restores EPA authority to withdraw approval of section 404 permits

  • Foley Hoag LLP
  • -
  • USA
  • -
  • April 24 2013

In a decision on Tuesday that must have sent shivers down the spine of every coal company executive, the D.C. Circuit Court of Appeals restored EPA's

Coming to a steam electric generating plant near you in May 2014 new effluent limitation guidelines

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

Last Friday, EPA announced release of its draft proposal to revise the effluent guidelines and standards for the steam electric power generating

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