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Results: 1-10 of 376

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


RGGI turns 4, celebrates with its 18th auction
  • Foley Hoag LLP
  • USA
  • December 7 2012

This week’s auction of greenhouse gas allowances by the Regional Greenhouse Gas Initiative (RGGI) marked the 18th in that organization’s history


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


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


The Supreme Court agrees to review the CSAPR decision: might EPA avoid version 3 of the transport rule?
  • Foley Hoag LLP
  • USA
  • June 24 2013

The Supreme Court today granted certiorari in EPA v. EME Homer City, the challenge to EPA's Cross-State Air Pollution Rule, or CSAPR. The Court of


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


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


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


Words matter settlement agreements should be enforced as written
  • Foley Hoag LLP
  • USA
  • April 2 2013

Sometimes you read a decision and it's hard to understand how there really were two plausible sides to the dispute. Arrowood Indemnity Company v The