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Results: 1-10 of 376

MassDEP issues vapor intrusion guidance: don't worry; it's only guidance
  • Foley Hoag LLP
  • USA
  • December 27 2011

Last week, MassDEP finally issued its long-awaited vapor intrusion guidance


More evidence that the government no longer automatically wins Superfund cases: New Jersey requires proof of a nexus between a discharge and response costs
  • Foley Hoag LLP
  • USA
  • October 4 2012

As I have previously noted, government attorneys’ traditional approach to litigating Superfund cases has been to announce that they represent the government and that they therefore win


Determining an occurrence in environmental insurance cases
  • Foley Hoag LLP
  • USA
  • October 5 2012

Like a comet which drags a long trail in its wake, large CERCLA cases in federal court often are accompanied by related insurance coverage cases in state court


Another fine mess: a Clean Air Act case demonstrates the cost of regulatory uncertainty
  • Foley Hoag LLP
  • USA
  • October 8 2012

Late last month, in Wildearth Guardians v. Lamar Utilities Board, Judge David Ebel ruled that Lamar violated the Clean Air Act by not obtaining a MACT determination, given that its potential emissions of hydrochloric acid were 10.3 tons per year, above the 10 tpy limit for any single hazardous air pollutant


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


CERCLA investigations that really are at risk
  • Foley Hoag LLP
  • USA
  • September 19 2012

Site owners who conduct environmental investigations of potential releases of hazardous substances in the expectation that they will be able to recover their costs from the party whose operations gave rise to that threatened release may be surprised by the outcome in a recent federal district case in Georgia, Stratford Holding, LLC v. Fog Cap Retail Investors LLC


The dismal history of Superfund's water body sites
  • Foley Hoag LLP
  • USA
  • August 16 2012

An article in the New York Times earlier this week reported on EPA's attempts under the Superfund program to address contamination in water bodies, such as rivers, lakes and harbors


An example of true judicial restraint: Judge Robert Chambers affirms the Highland Mining 404 permit
  • Foley Hoag LLP
  • USA
  • August 17 2012

After my post on judicial restraint and the lack thereof in Texas v. EPA, the opinion issued last week by Judge Robert Chambers, in Ohio Valley Environmental Coalition v. United States Army Corps of Engineers, affirming the Corps’ 404 permit for Highland Mining’s Reylas Surface Mine, seemed particularly notable


FTC's 2012 Green Guides: what does it mean for your advertising strategy?
  • Foley Hoag LLP
  • USA
  • October 23 2012

The Federal Trade Commission released its much anticipated “Green Guides” earlier this month


Is EPA considering allowing PCB cleanups to proceed under RCRA, rather than TSCA? I'll believe it when I see it (and I hope I see it)
  • Foley Hoag LLP
  • USA
  • October 22 2012

One headline in today’s Daily Environment Report stated that “EPA Considers PCB Regulatory Reform Amid State Regulator Criticism of Program”