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Results: 1-10 of 225

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


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


How much circumstantial evidence is enough to establish liability? More than just proximity and a bad name
  • Foley Hoag LLP
  • USA
  • December 16 2010

Sometimes, good lawyering does matter


Nanotechnology: EPA regulations on the horizon?
  • Foley Hoag LLP
  • USA
  • December 16 2009

Earlier this month, EPA released its semi-annual regulatory agenda


The Seventh Circuit cuts the Gordian knot of NSR interpretation: preconstruction review cannot lead to continuing violations
  • Foley Hoag LLP
  • USA
  • July 12 2013

Earlier this week, in United States v. Midwest Generation, the 7th Circuit Court of Appeals affirmed dismissal of EPA's NSR enforcement action


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


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


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


Mississippi v. EPA: support of the Clean Air Science Advisory Committee is not necessary to affirm EPA’s NAAQS
  • Foley Hoag LLP
  • USA
  • July 24 2013

On Tuesday, in Mississippi v. EPA, the Court of Appeals for the D.C. Circuit affirmed EPA's 2008 NAAQS for ozone of 0.075 ppm. However, it remanded


Section 126 of the Clean Air Act and cooperative federalism: EPA may cooperate with the downwind state rather than the upwind state
  • Foley Hoag LLP
  • USA
  • July 15 2013

On Friday, in GenOn REMA v. EPA, the 3rd Circuit Court of Appeals ruled that, in response to a petition from a downwind state under 126 of the