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The wheels of EPA's ozone reconsideration have stopped grinding completely: Obama tells EPA to stop
  • Foley Hoag LLP
  • USA
  • September 2 2011

Yesterday, in commenting on the court battle over EPA’s reconsideration of the ozone NAAQS, I said that I would be surprised if EPA doesn’t issue the new standard within six months


Strike two against the NAHB: they lose another standing battle
  • Foley Hoag LLP
  • USA
  • December 19 2011

Last week, I noted that the D.C. Court of Appeals had found that the National Association of Home Builders did not have standing to challenge a determination by EPA and the Army Corps of Engineers that two reaches of the Santa Cruz River are traditional navigable waters


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


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


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


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


The Fifth Circuit rejects EPA’s disapproval of Alabama’s opacity regulation: do we blame EPA, DOJ, or two judges?
  • Foley Hoag LLP
  • USA
  • March 10 2013

On Wednesday, in Alabama Environmental Council v. EPA, the Fifth Circuit Court of Appeals rejected EPA's 2011 disapproval of Alabama's opacity


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


Lisa Jackson says public pressure will clean up fracking. Really.
  • Foley Hoag LLP
  • USA
  • January 23 2012

According to E&E News, Lisa Jackson said Friday that public pressure, not EPA regulation, will clean up fracking


More on the permit shield defense: a permittee is gasp entitled to rely on regulations and permits issued by delegated state agencies
  • Foley Hoag LLP
  • USA
  • August 20 2013

Late last month, we noted that a permittee may not rely on the permit shield defense unless it has clearly informed the permitting agency of the