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Results: 1-10 of 67

Yes, Virginia, the burden of proof does matter
  • Foley Hoag LLP
  • USA
  • December 29 2011

The decision yesterday in United States v. Minnkota Power Cooperative serves as a useful reminder regarding how important the burden of proof is in review of agency decisions


Lisa Jackson says public pressure will clean up fracking. Really.
  • Foley Hoag LLP
  • USA
  • January 23 2012

According to E&E News, Lisa Jackson said Friday that public pressure, not EPA regulation, will clean up fracking


A new set of principles for the nuclear power industry
  • Foley Hoag LLP
  • USA
  • October 12 2011

Corporate social responsibility and nuclear power?


Reliability concerns? NERC says yes; EPA blasts flawed assumptions
  • Foley Hoag LLP
  • USA
  • November 30 2011

Yesterday, the North American Electric Reliability Corporation, or NERC, released its 2011 Long-Term Reliability Assessment


Unstated rule on superfund liability for sale of a usable product one year later
  • Foley Hoag LLP
  • USA
  • March 1 2013

Exactly a year ago, I posted a blog that argued that the decisions on Superfund liability for the sale of usable product could be distilled down to


The economics of RGGI: a net positive, particularly for New England
  • Foley Hoag LLP
  • USA
  • November 17 2011

With the first compliance period in the Regional Greenhouse Gas Initiative coming to a close in December, it seems an appropriate time to look back at what we can learn from the country’s first market-based program aimed at reducing emissions of carbon dioxide from power plants


Will EPA's "train wreck" affect reliability? At least one FERC commissioner is still concerned
  • Foley Hoag LLP
  • USA
  • November 18 2011

There has already been significant attention devoted to whether EPA’s “train wreck” of rules affecting coal-fired power plants would affect electric system reliability


Not so fast with renewed NSR enforcement: power plants win a routine maintenance case
  • Foley Hoag LLP
  • USA
  • April 5 2010

Last week, Judge Thomas Varlan handed the power plant sector a major win in the NSR enforcement arena, ruling that economizer and superheater replacement projects in 1988 at the TVA Bull Run plant were routine maintenance not subject to NSRPSD regulations


Patchwork or preemption? Or maybe both?
  • Foley Hoag LLP
  • USA
  • April 8 2010

What will happen to state and regional energy and carbon-related regulations if (perhaps when) federal climate legislation is enacted?


Yet more bad news for coal (mining): EPA issues guidance imposing numeric criteria for discharges from mountaintop mining
  • Foley Hoag LLP
  • USA
  • April 2 2010

Last week, EPA proposed to veto a permit for the No. 1 Spruce Mine in West Virginia