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Results: 1-10 of 376

It is a unitary government afterall: privilege for intra-governmental communications
  • Foley Hoag LLP
  • USA
  • February 21 2013

About a year ago, I blogged ( government) about a decision by the federal


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


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


Which comes first, innovation or regulation?
  • Foley Hoag LLP
  • USA
  • May 29 2013

Two seemingly unrelated stories in Wednesday's trade press got me thinking - always dangerous - about the relationship between regulation and


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


When is the meaning of a statute sufficiently plain? The D.C. Circuit restores EPA authority to withdraw approval of section 404 permits
  • Foley Hoag LLP
  • USA
  • April 24 2013

In a decision on Tuesday that must have sent shivers down the spine of every coal company executive, the D.C. Circuit Court of Appeals restored EPA's


Mississippi v. EPA: support of the Clean Air Science Advisory Committee is not necessary to affirm EPA’s NAAQS
  • Foley Hoag LLP
  • USA
  • July 24 2013

On Tuesday, in Mississippi v. EPA, the Court of Appeals for the D.C. Circuit affirmed EPA's 2008 NAAQS for ozone of 0.075 ppm. However, it remanded


Environmental nuisance claims it helps to have experts
  • Foley Hoag LLP
  • USA
  • July 18 2013

The old warning that "past performance is no guarantee of future results" apparently applies not only to investments but also to environmental


Section 126 of the Clean Air Act and cooperative federalism: EPA may cooperate with the downwind state rather than the upwind state
  • Foley Hoag LLP
  • USA
  • July 15 2013

On Friday, in GenOn REMA v. EPA, the 3rd Circuit Court of Appeals ruled that, in response to a petition from a downwind state under 126 of the


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