We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 376

Is CERCLA more reasonable than the common law? Only in California, I hope
  • Foley Hoag LLP
  • USA
  • December 26 2012

In Burlington Northern, the Supreme Court made clear that, in order to impose liability on a defendant as an “arranger” under Superfund for the sale of a


How good are you at reading tea leaves? EPA intends to reconsider parts of the mercury rule
  • Foley Hoag LLP
  • USA
  • July 23 2012

On Friday, EPA announced that it was reconsidering part of the Utility MACT rule


More tea leaves to read: EPA announces an eleven-month delay in its cooling water intake structure rule
  • Foley Hoag LLP
  • USA
  • July 25 2012

Earlier this week, I noted that EPA had announced that it was reconsidering parts of the Utility MACT rule and staying its effectiveness for three months


It is a unitary government afterall: privilege for intra-governmental communications
  • Foley Hoag LLP
  • USA
  • February 21 2013

About a year ago, I blogged ( government) about a decision by the federal


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


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


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


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


The intersection of subrogation and environmental law the Ninth Circuit’s tyranny of logic over common sense
  • Foley Hoag LLP
  • USA
  • March 19 2013

In a decision that exalts casuistry over common sense, the Ninth Circuit recently held that an insurer who reimbursed $2.4 million in CERCLA response


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