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Results: 1-10 of 376

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


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


A victory for regulation over guidance? Are EPA and the Corps giving up on post-Rapanos wetlands guidance?
  • Foley Hoag LLP
  • USA
  • February 27 2013

As readers of this blog know, EPA's use of guidance is a pet peeve of mine. The issue has arisen with particular force in connection with EPA's


MassDEP formally proposes MCP reforms: it’s about time? Job well done? Definitely both.
  • Foley Hoag LLP
  • USA
  • March 3 2013

On Friday, MassDEP issued the formal public comment draft of its package of regulatory reforms under the Massachusetts Contingency Plan. Overall


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 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


PCS Nitrogen Inc. v. Ashley II of Charleston: required reading for superfund lawyers
  • Foley Hoag LLP
  • USA
  • April 9 2013

The Fourth Circuit handed down a primer on CERCLA liability last week in PCS Nitrogen Inc. v. Ashley II of Charleston. It should be required reading


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


EPA proposes revisions to the construction and development effluent guidelines: time again to ask whether EPA will get any credit for being flexible
  • Foley Hoag LLP
  • USA
  • April 1 2013

Today, EPA formally proposed revisions to its effluent guidelines for stormwater discharges from construction and development point sources. As we


More on the permit shield defense: a permittee is gasp entitled to rely on regulations and permits issued by delegated state agencies
  • Foley Hoag LLP
  • USA
  • August 20 2013

Late last month, we noted that a permittee may not rely on the permit shield defense unless it has clearly informed the permitting agency of the