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Why trial courts are reluctant to exclude scientific evidence in toxic tort cases
  • Foley Hoag LLP
  • USA
  • May 21 2013

Environmental litigation, particularly toxic tort litigation, inevitably turns on scientific evidence about causation. Beginning with the Supreme


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


EPA loses another PSD case: the Clean Air Act is “extraordinarily rigid”
  • Foley Hoag LLP
  • USA
  • January 22 2013

In Sierra Club v. EPA, issued today, The Court of Appeals for the District of Columbia rejected EPA's rules governing "significant impact levels" and


MassDEP proposes amendments to CO2 Budget Trading Regs to implement RGGI program changes
  • Foley Hoag LLP
  • USA
  • July 1 2013

On Friday, MassDEP released for public review and comment draft amendments to the CO2 Budget Trading Program regulations. These amendments are


Do liability policies, particularly pollution liability insurance policies, exclude coverage for all injunctions? The Fifth Circuit says no
  • Foley Hoag LLP
  • USA
  • May 22 2013

The Fifth Circuit handed down an important decision last week, Louisiana Generating LLC v. Illinois Union Insurance Company, clarifying the scope of


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


Cutting through the Gordian knot of allocation: if you were bad, you lose
  • Foley Hoag LLP
  • USA
  • March 11 2011

In late 2009, Judge Griesbach ruled, in Appleton Papers v. George A. Whiting Paper, that parties who were significantly more “blameworthy” than others were not entitled to contribution from the less blameworthy parties


This administration does nuance: the US files its brief in the American Electric Power case
  • Foley Hoag LLP
  • USA
  • February 2 2011

This week, the United States filed its brief in American Electric Power v. Connecticut


And some potential developments on the water side as well
  • Foley Hoag LLP
  • USA
  • November 21 2012

Yesterday, I did an update on Clean Air Act developments


Aviall's continuing impact on PRP settlements in superfund
  • Foley Hoag LLP
  • USA
  • November 19 2012

Over a decade after it was issued, Aviall continues to cause difficulties for private settling parties in CERCLA