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Results: 1-10 of 376

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


Environmental nuisance claims it helps to have experts
  • Foley Hoag LLP
  • USA
  • July 18 2013

The old warning that "past performance is no guarantee of future results" apparently applies not only to investments but also to environmental


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


Sudden and accidental pollution in Massachusets not always fatal to coverage
  • Foley Hoag LLP
  • USA
  • February 22 2013

In some jurisdictions, an environmental claim under a liability policy with a "sudden and accidental" pollution exclusion has the same prospect of


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


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


Not a shining moment for congress: two leading economists note the “sordid history” of cap-and-trade legislation
  • Foley Hoag LLP
  • USA
  • March 11 2013

I have previously blogged about how strange our politics has become, when cap-and-trade programs, previously touted by conservatives and viewed