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Results: 1-10 of 376

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


The Seventh Circuit cuts the Gordian knot of NSR interpretation: preconstruction review cannot lead to continuing violations
  • Foley Hoag LLP
  • USA
  • July 12 2013

Earlier this week, in United States v. Midwest Generation, the 7th Circuit Court of Appeals affirmed dismissal of EPA's NSR enforcement action


MassDEP regulatory reform release 2.0: wetlands, water, and waterways
  • Foley Hoag LLP
  • USA
  • March 6 2013

In addition to its MCP package, MassDEP has also released its formal regulatory reform proposals for its water, wastewater, wetlands, and waterways


The Fifth Circuit rejects EPA’s disapproval of Alabama’s opacity regulation: do we blame EPA, DOJ, or two judges?
  • Foley Hoag LLP
  • USA
  • March 10 2013

On Wednesday, in Alabama Environmental Council v. EPA, the Fifth Circuit Court of Appeals rejected EPA's 2011 disapproval of Alabama's opacity


Which is worse? EPA oversight or citizen oversight?
  • Foley Hoag LLP
  • USA
  • June 10 2013

Everyone who represents PRPs in Superfund settlements has his or her own horror stories regarding the scope of EPA's oversight cost claims. We all


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


EPA loses another PSD case: the Clean Air Act is “extraordinarily rigid”
  • Foley Hoag LLP
  • USA
  • January 22 2013

In Sierra Club v. EPA, issued today, The Court of Appeals for the District of Columbia rejected EPA's rules governing "significant impact levels" and