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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


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


If you build a facility of public accommodation, but there's no public to accommodate, what do you have? Empty space
  • Foley Hoag LLP
  • USA
  • December 1 2011

Chapter 91 is in many ways my favorite Massachusetts environmental statute


To be hazardous or not to be hazardous: EPA floats two options for regulating coal combustion residuals
  • Foley Hoag LLP
  • USA
  • May 6 2010

Environmentalists have been pushing for years to overturn the Bevill Amendment and get coal combustion residuals (CCR) regulated as a hazardous waste


EPA is still in business: proposes draft construction general permit for stormwater
  • Foley Hoag LLP
  • USA
  • April 15 2011

For those of you who thought that the sky was about to fall in EPA as part of the budget battle, I'm able to report that EPA survived sufficiently intact to continue to issue new rules


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


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


Cooperative federalism? We don’t need no stinkin cooperative federalism
  • Foley Hoag LLP
  • USA
  • July 25 2013

Last Friday, the Court of Appeals for the 10th Circuit, in Oklahoma v. EPA, affirmed EPA's rejection of Oklahoma's state implementation plan setting


The actual to projected future actual test: when does EPA get to review generators’ projections?
  • Foley Hoag LLP
  • USA
  • 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


One step at a time is just too late: the DC Circuit strikes down EPA’s deferral of GHG regulation of biomass emissions
  • Foley Hoag LLP
  • USA
  • July 13 2013

On Friday, in Center For Biological Diversity v. EPA, the D.C. Circuit Court of Appeals struck down EPA's rule deferring regulation of GHG emissions