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Results: 1-10 of 376

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


The President issues his climate action plan: not much mention of Congress
  • Foley Hoag LLP
  • USA
  • June 26 2013

President Obama yesterday released his Climate Action Plan, together with a Memorandum concerning EPA's issuance of rules governing carbon emissions


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


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


Indemnification agreements under CERCLA do not affect liability to entities that are not parties to the agreement
  • Foley Hoag LLP
  • USA
  • October 18 2012

Section 107(e) of CERCLA provides that: No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who may be liable for a release or threat of release under this section, to any other person the liability imposed under this section


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


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


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


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


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