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Results: 1-10 of 376

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


Jarndyce v. Jarndyce has nothing on Comer v. Murphy Oil: the Fifth Circuit Court of Appeals affirms dismissal
  • Foley Hoag LLP
  • USA
  • May 17 2013

Readers of this blog will recall the bizarre history of Comer v. Murphy Oil. In 2005, Plaintiffs brought tort claims against major GHG emitters


CZM proposes regulations to implement ocean management plan and update federal consistency review program
  • Foley Hoag LLP
  • USA
  • April 22 2013

The Massachusetts Office of Coastal Zone Management (CZM) recently released for public review and comment draft regulations designed to update


Coming to a steam electric generating plant near you in May 2014 new effluent limitation guidelines
  • Foley Hoag LLP
  • USA
  • April 23 2013

Last Friday, EPA announced release of its draft proposal to revise the effluent guidelines and standards for the steam electric power generating


Equal protection claims concerning disparate enforcement of environmental laws remain an uphill battle
  • Foley Hoag LLP
  • USA
  • April 17 2013

In 2000, in its 2-page per curiam opinion in Village of Willowbrook v. Olech, the Supreme Court gave hope to developers and property owners that the


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


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


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


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