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Results: 1-10 of 376

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


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


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


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


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


CERCLA liability for relocation of hazardous waste is there any limit?
  • Foley Hoag LLP
  • USA
  • June 4 2013

Just as tortfeasors take their victims as they find them, s0 PRPs take their hazardous waste sites as they find them. This rule has been around


Is this the future of adaptation? Who pays to avoid the cost of coastal flooding?
  • Foley Hoag LLP
  • USA
  • February 4 2013

The New York Times reported today that Governor Cuomo is proposing to spend $400 million to buy out owners of property to avoid a recurrence of the


City of Arlington v. FCC: did the Supreme Court just expand the scope of Chevron deference? No.
  • Foley Hoag LLP
  • USA
  • May 24 2013

On Monday, in City of Arlington v. FCC, the Supreme Court made clear that agency interpretations of ambiguous statutes are entitled to deference even


What response costs are necessary under CERCLA
  • Foley Hoag LLP
  • USA
  • April 24 2013

In a post last year, I discussed what I I thought was the dubious dismissal of a CERCLA cost recovery action in Stratford Holding, LLC v. Fog Cap


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