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The Supreme Court really means it: injunctions are not automatic under NEPA
  • Foley Hoag LLP
  • USA
  • June 21 2010

Yesterday, the Supreme Court issued its decision in Monsanto v Geertson Seed Farms, the big NEPA case before the Court this term


Cooperative federalism? We don’t need no stinkin cooperative federalism
  • Foley Hoag LLP
  • USA
  • July 25 2013

Last Friday, the Court of Appeals for the 10th Circuit, in Oklahoma v. EPA, affirmed EPA's rejection of Oklahoma's state implementation plan setting


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


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."


Mississippi v. EPA: support of the Clean Air Science Advisory Committee is not necessary to affirm EPA’s NAAQS
  • Foley Hoag LLP
  • USA
  • July 24 2013

On Tuesday, in Mississippi v. EPA, the Court of Appeals for the D.C. Circuit affirmed EPA's 2008 NAAQS for ozone of 0.075 ppm. However, it remanded


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


Still no insurance coverage for climate change nuisance litigaiton -- at least in Virginia
  • Foley Hoag LLP
  • USA
  • April 23 2012

Last week, the Virginia Supreme Court ruled (for the second time) that a CGL policy issued to AES Corporation did not require Steadfast Insurance to provide a defense to AES for claims brought again AES in Kivalina v. Exxon Mobil


EPA wins another CAA case: no affirmative defense for excess emissions during planned maintenance
  • Foley Hoag LLP
  • USA
  • July 31 2012

Score a victory for EPA in its long-running set of disputes with the State of Texas and generation facilities in Texas


Building energy reporting comes to Boston (almost)
  • Foley Hoag LLP
  • USA
  • February 25 2013

Today, Mayor Menino forwarded to the Boston City Council proposed amendments to the City of Boston Code that would require owners of many city


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