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Jarndyce v. Jarndyce has nothing on Comer v. Murphy Oil: the Fifth Circuit Court of Appeals affirms dismissal

Foley Hoag LLP
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USA
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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

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
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USA
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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

Equal protection claims concerning disparate enforcement of environmental laws remain an uphill battle

Foley Hoag LLP
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USA
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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

Stop the presses: utility poles in place are not point sources; neither are they solid waste

Foley Hoag LLP
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USA
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April 5 2013

As we noted last month, the Supreme Court has determined that logging roads are not point sources subject to stormwater regulation under the Clean

The actual to projected future actual test: when does EPA get to review generators’ projections?

Foley Hoag LLP
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USA
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March 29 2013

On Thursday, in United States v. DTE Energy Company, the 6th Circuit Court of Appeals revived EPA's enforcement action against DTE energy for alleged

EPA loses another battle in the war over guidance: the Eighth Circuit vacates EPA policies on mixing zones and bypasses

Foley Hoag LLP
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USA
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March 26 2013

On Monday, EPA lost another battle in the war over guidance. In Iowa League of Cities v. EPA, the 8th Circuit Court of Appeals vacated two letters

Logging road runoff does not require an NPDES permit: the Supreme Court (for now) defers to EPA’s interpretation of its own regulations

Foley Hoag LLP
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USA
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March 21 2013

Yesterday, in Decker v. Northwest Environmental Defense Center, the Supreme Court ruled that runoff from logging roads does not constitute a

The Fifth Circuit rejects EPA’s disapproval of Alabama’s opacity regulation: do we blame EPA, DOJ, or two judges?

Foley Hoag LLP
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USA
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March 10 2013

On Wednesday, in Alabama Environmental Council v. EPA, the Fifth Circuit Court of Appeals rejected EPA's 2011 disapproval of Alabama's opacity

Indemnification agreements under CERCLA do not affect liability to entities that are not parties to the agreement

Foley Hoag LLP
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USA
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October 18 2012

Section 107(e) of CERCLA provides that: No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who may be liable for a release or threat of release under this section, to any other person the liability imposed under this section

More evidence that the government no longer automatically wins Superfund cases: New Jersey requires proof of a nexus between a discharge and response costs

Foley Hoag LLP
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USA
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October 4 2012

As I have previously noted, government attorneys’ traditional approach to litigating Superfund cases has been to announce that they represent the government and that they therefore win