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Results: 1-10 of 225

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


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


You want to preclude a citizens' suit? Pick your poison
  • Foley Hoag LLP
  • USA
  • September 15 2010

When clients are threatened with citizen suits - and particularly when the threatened litigation involves a matter where EPA or a state regulatory agency is heavily involved, the clients always want to know why they can't somehow get rid of the citizen suit, given that EPA is on the case


PSD review is a pre-construction requirement not subject to a continuing violation theory
  • Foley Hoag LLP
  • USA
  • March 15 2010

Last week, Judge John Darrah handed the government a defeat in a PSDNSR enforcement action, when he ruled that the requirement to obtain permits under the PSD program prior to making major modifications was solely a pre-construction obligation and did not constitute a continuing violation


MEPA case law: a lose-lose proposition
  • Foley Hoag LLP
  • USA
  • August 12 2011

Yesterday, the SJC issued its eagerly awaited decision in Ten Persons of the Commonwealth v. Fellsway Development


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


I'm not dead yet: still hope for a climate change bill?
  • Foley Hoag LLP
  • USA
  • September 30 2009

After a number of stories indicating that the prospects for climate change legislation were dimming for 2009, the convergence of a number of factors suggests that legislation may still be possible


Dog bites man, Monday edition: Massachusetts retains its municipal waste combustor moratorium
  • Foley Hoag LLP
  • USA
  • December 14 2009

As most of my Massachusetts readers know, on Friday, Secretary of Energy and Environmental Affairs Ian Bowles and DEP Commissioner Laurie Burt announced that Massachusetts would retain its moratorium on new construction or expansion of municipal waste combustors


New life in EPA's NSR enforcement initiative: EPA files another law suit
  • Foley Hoag LLP
  • USA
  • August 29 2009

In another sign that the NSR program is alive and well under the Obama administration, the United States (together with the State of Illinois) filed suit Thursday against Midwest Generation, alleging violations of NSR requirements at six coal-fired power plants


Perhaps the next coastal project won't take 10 years: the First Circuit preempts some state authority
  • Foley Hoag LLP
  • USA
  • October 27 2009

Public and private developers spend a lot of time talking about NIMBY, or Not In My Backyard