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I'm as mad as h___ and I'm not going to take it anymore: Massachusetts Historical Commission edition
  • Foley Hoag LLP
  • USA
  • September 6 2011

Last week, SouthCoastToday and the Herald News both reported that a large expansion by Meditech of its facility in Freetown was on life support, after the Massachusetts Historical Commission required Meditech to strip the top two feet of soil from 21 acres and sieve it for archeological artifacts, at a projected multi-million dollar cost


Superfund liability: owner? Operator? Property manager?
  • Foley Hoag LLP
  • USA
  • October 15 2009

In an interesting decision issued a few weeks ago, a District Court in Georgia held that a property manager at a strip mall could not be held liable as an owner of a facility under CERCLA


Coming soon from EPA: more enforcement
  • Foley Hoag LLP
  • USA
  • September 28 2010

If environmental lawyers have been wondering when they're going to get their share of economic stimulus, it's time to stop wondering


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


Sometimes, settlements really are win-win propositions: an innovative NDPES settlement that works for everyone
  • Foley Hoag LLP
  • USA
  • February 2 2011

Yesterday, EPA announced that a settlement had been reached among EPA, MassDEP, our client GenOn Kendall, and the Charles River Watershed Association and the Conservation Law Foundation concerning the NPDES permit for Kendall Station


Another fine mess: another NSR enforcement case
  • Foley Hoag LLP
  • USA
  • January 7 2011

Earlier this week, the United States brought another NSRPSD enforcement action, this time concerning the Homer City Plant, in Pennsylvania


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


Massachusetts releases its revised solid waste master plan: are we really on a pathway to zero waste?
  • Foley Hoag LLP
  • USA
  • May 8 2013

On Tuesday, MassDEP announced release of its updated Solid Waste Master Plan, subtitled "Pathway to Zero Waste." The Plan's most significant


Which comes first, innovation or regulation?
  • Foley Hoag LLP
  • USA
  • May 29 2013

Two seemingly unrelated stories in Wednesday's trade press got me thinking - always dangerous - about the relationship between regulation and


Not a good week for private climate change litigation: the Supreme Court denies review in Kivalina
  • Foley Hoag LLP
  • USA
  • May 23 2013

It has not been a good run for plaintiffs in private climate change litigation. As we noted last week, the 5th Circuit Court of Appeals affirmed