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

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


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


Life is unfair: CERCLA jurisprudence department
  • Foley Hoag LLP
  • USA
  • May 14 2010

When the Burlington Northern decision was first announced, I concluded that "never has the Supreme Court done so much by doing so little."


MassDEP Commissioner Ken Kimmell wants regulatory reform: do the DEP employees want it?
  • Foley Hoag LLP
  • USA
  • April 29 2011

New MassDEP Commissioner Ken Kimmell has launched a regulatory reform effort at DEP


Standing matters, TMDL version
  • Foley Hoag LLP
  • USA
  • September 3 2013

Last week, in Conservation Law Foundation v. EPA, Judge Mark Wolf ruled that CLF did not have standing to challenge EPA's approval of total maximum


Will EPA's "train wreck" affect reliability? At least one FERC commissioner is still concerned
  • Foley Hoag LLP
  • USA
  • November 18 2011

There has already been significant attention devoted to whether EPA’s “train wreck” of rules affecting coal-fired power plants would affect electric system reliability


Coming soon to a vista near you: clearer air; more expensive compliance
  • Foley Hoag LLP
  • USA
  • January 8 2010

On Wednesday, EPA released a proposal to reduce the primary National Ambient Air Quality Standard for ground-level ozone from the 0.075 ppm standard set by the Bush administration in 2008 to a range of from 0.060-0.070 ppm


Massachusetts releases first nation ocean management plan
  • Foley Hoag LLP
  • USA
  • January 8 2010

Earlier this week, Energy & Environmental Affairs Secretary Ian Bowles announced the release of the nation’s first ocean management plan


Superfund contribution actions: bad guys need not apply
  • Foley Hoag LLP
  • USA
  • December 22 2009

Last week, Judge William Griesbach, of the Federal District Court for the Eastern District of Wisconsin, issued an important Superfund contribution decision, which shows just how much equitable discretion judges have in resolving contribution claims


Massachusetts Legislature passes Permit Extension Act as part of economic development legislation
  • Foley Hoag LLP
  • USA
  • August 3 2010

In the final hours of the session, the Massachusetts Legislature passed sweeping economic development legislation which included, as section 173, what has come to be known as the Permit Extension Act