We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 225

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


Shocking news: the D.C. Circuit Court of Appeals is not going to overturn Massachusetts v. EPA
  • Foley Hoag LLP
  • USA
  • March 1 2012

Since I already violated my rule against speculating on the outcome of a case based on oral argument, I might as well do it again


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


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


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


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


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


Logging road runoff does not require an NPDES permit: the Supreme Court (for now) defers to EPA’s interpretation of its own regulations
  • Foley Hoag LLP
  • USA
  • March 21 2013

Yesterday, in Decker v. Northwest Environmental Defense Center, the Supreme Court ruled that runoff from logging roads does not constitute a


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


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