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Results: 1-10 of 225

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


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


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


We still don’t need no stinkin cooperative federalism: the D.C. Circuit Court of Appeals holds that GHG sources require PSD permits even absent a state implementation plan
  • Foley Hoag LLP
  • USA
  • July 29 2013

Last Friday, I posted about the limits to EPA's cooperation with states in the name of "cooperative federalism" under the Clean Air Act. On the same


Is EPA considering allowing PCB cleanups to proceed under RCRA, rather than TSCA? I'll believe it when I see it (and I hope I see it)
  • Foley Hoag LLP
  • USA
  • October 22 2012

One headline in today’s Daily Environment Report stated that “EPA Considers PCB Regulatory Reform Amid State Regulator Criticism of Program”


EPA notches another NSR settlement: is this the most successful program that shouldn’t exist?
  • Foley Hoag LLP
  • USA
  • November 29 2012

Last week, EPA announced that it had reached yet one more its 24th settlement under as a result of its NSR enforcement initiative


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
  • USA
  • 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


Building energy reporting comes to Boston (almost)
  • Foley Hoag LLP
  • USA
  • February 25 2013

Today, Mayor Menino forwarded to the Boston City Council proposed amendments to the City of Boston Code that would require owners of many city


RGGI ratchets down the cap: we’re still going to have to adapt
  • Foley Hoag LLP
  • USA
  • February 9 2013

It was a busy week on the climate change front in Boston. First, RGGI announced a new Model Rule. Under the new Model Rule, summarized here, the 2014


More on the permit shield defense: a permittee is gasp entitled to rely on regulations and permits issued by delegated state agencies
  • Foley Hoag LLP
  • USA
  • August 20 2013

Late last month, we noted that a permittee may not rely on the permit shield defense unless it has clearly informed the permitting agency of the