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Results: 1-10 of 376

Jarndyce v. Jarndyce has nothing on Comer v. Murphy Oil: the Fifth Circuit Court of Appeals affirms dismissal
  • Foley Hoag LLP
  • USA
  • May 17 2013

Readers of this blog will recall the bizarre history of Comer v. Murphy Oil. In 2005, Plaintiffs brought tort claims against major GHG emitters


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


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


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


What makes one invalid rule more valid than another? The Court of Appeals declines to rehear CSAPR, and leaves CAIR in place
  • Foley Hoag LLP
  • USA
  • January 26 2013

Today, the Court of Appeals for the District of Columbia declined EPA's petition for rehearing en banc in EME Homer City Generation v. EPA, leaving


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


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


Is there a de minimis defense to liability in superfund? The Supreme Court indicated there was; one district court says no
  • Foley Hoag LLP
  • USA
  • December 1 2012

Burlington Northern squarely decided that where environmental harm is divisible, an individual PRP can obtain apportionment of its liability and be assigned a specific percentage share; in such instances, there will be no joint and several liability


I guess you can’t say that EPA gives lumps of coal for Christmas presents: it does, however, finalize adjustments to the boiler MACT rule
  • Foley Hoag LLP
  • USA
  • December 27 2012

Last Friday, just in time for the Christmas holiday, EPA finalized revisions to the Boiler MACT rule. As it has done with other significant rules, EPA


We still don’t need no stinkin cooperative federalism: the D.C. Circuit Court of Appeals holds that GHG sources require PSD permits even absent a state implementation plan
  • Foley Hoag LLP
  • USA
  • July 29 2013

Last Friday, I posted about the limits to EPA's cooperation with states in the name of "cooperative federalism" under the Clean Air Act. On the same