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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


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


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


The President issues his climate action plan: not much mention of Congress
  • Foley Hoag LLP
  • USA
  • June 26 2013

President Obama yesterday released his Climate Action Plan, together with a Memorandum concerning EPA's issuance of rules governing carbon emissions


I believe in environmental regulation, but.
  • Foley Hoag LLP
  • USA
  • June 7 2013

As readers of this blog know, I believe in governmental environmental regulation. We have a complicated world and it is not surprising that many


Logging road runoff does not require an NPDES permit: the Supreme Court (for now) defers to EPA’s interpretation of its own regulations
  • Foley Hoag LLP
  • USA
  • March 21 2013

Yesterday, in Decker v. Northwest Environmental Defense Center, the Supreme Court ruled that runoff from logging roads does not constitute a


Indemnification agreements under CERCLA do not affect liability to entities that are not parties to the agreement
  • Foley Hoag LLP
  • USA
  • October 18 2012

Section 107(e) of CERCLA provides that: No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who may be liable for a release or threat of release under this section, to any other person the liability imposed under this section


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 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


EPA finalizes revisions to the utility MACT rule for new plants
  • Foley Hoag LLP
  • USA
  • March 31 2013

On Thursday, EPA finalized revisions to the Mercury and Air Toxics Standards, or MATS (also known as "Utility MACT"). The most significant change was