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Results: 1-10 of 225

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


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


EPA finalizes the cross-state air pollution rule: who needs CAIR or the Transport Rule?
  • Foley Hoag LLP
  • USA
  • July 8 2011

Yesterday, EPA finalized the Cross-State Air Pollution Rule, or CSAPR, which was the Transport Rule, which had been the Clean Air Interstate Rule


EPA loses another battle in the war over guidance: the Eighth Circuit vacates EPA policies on mixing zones and bypasses
  • Foley Hoag LLP
  • USA
  • March 26 2013

On Monday, EPA lost another battle in the war over guidance. In Iowa League of Cities v. EPA, the 8th Circuit Court of Appeals vacated two letters


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


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


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


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


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