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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


Law suit filed to challenge endangerment filing
  • Foley Hoag LLP
  • USA
  • February 12 2010

Earlier this week, the Southeastern Legal Foundation filed a petition for review of the EPA Endangerment Finding with the District of Columbia Court of Appeals


EPA loses a PSD enforcement case -- big time
  • Foley Hoag LLP
  • USA
  • October 14 2011

EPA may have had problems in court in recent years defending its regulations, but it has generally fared much better in its enforcement cases


What are citizen groups afraid of? The Ninth Circuit affirms delegation of NPDES authority to Alaska, notwithstanding Alaska's fee-shifting provision
  • Foley Hoag LLP
  • USA
  • November 10 2010

Almost all - 46 - states have delegated programs under the Clean Water Act


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


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


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


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”


City of Arlington v. FCC: did the Supreme Court just expand the scope of Chevron deference? No.
  • Foley Hoag LLP
  • USA
  • May 24 2013

On Monday, in City of Arlington v. FCC, the Supreme Court made clear that agency interpretations of ambiguous statutes are entitled to deference even


The Supreme Court agrees to review the CSAPR decision: might EPA avoid version 3 of the transport rule?
  • Foley Hoag LLP
  • USA
  • June 24 2013

The Supreme Court today granted certiorari in EPA v. EME Homer City, the challenge to EPA's Cross-State Air Pollution Rule, or CSAPR. The Court of