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Results: 1-10 of 67

The real risk of unregulated air pollution
  • Foley Hoag LLP
  • China
  • July 9 2013

Sometimes the most valuable research turns out to be a confirmation of the obvious. Fitting that bill is the study released yesterday in the


Dog bites man: Supreme Court edition
  • Foley Hoag LLP
  • USA
  • January 9 2013

In a curious, but unsurprising, decision yesterday, in Los Angeles County Flood Control District v. NRDC, the Supreme Court held that the flow of


Building energy reporting comes to Boston (almost)
  • Foley Hoag LLP
  • USA
  • February 25 2013

Today, Mayor Menino forwarded to the Boston City Council proposed amendments to the City of Boston Code that would require owners of many city


More on the permit shield defense: a permittee is gasp entitled to rely on regulations and permits issued by delegated state agencies
  • Foley Hoag LLP
  • USA
  • August 20 2013

Late last month, we noted that a permittee may not rely on the permit shield defense unless it has clearly informed the permitting agency of the


The actual to projected future actual test: when does EPA get to review generators’ projections?
  • Foley Hoag LLP
  • USA
  • March 29 2013

On Thursday, in United States v. DTE Energy Company, the 6th Circuit Court of Appeals revived EPA's enforcement action against DTE energy for alleged


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


Utility MACT and reliability: one more brief post
  • Foley Hoag LLP
  • USA
  • January 31 2012

When I last posted on the potential impact of the Utility MACT rule on electric system reliability, I swore I was done with the subject


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


Coming (sort of) soon to an ocean near you: 4 gigawatts of wind power
  • Foley Hoag LLP
  • USA
  • November 16 2012

As a follow-up to my post earlier this month on BOEM’s release of the Environmental Assessment for the Massachusetts Wind Energy Area, I just thought that I would note that, according to Daily Environment Report, Maureen Bornholdt of BOEM announced earlier this week at a public hearing on the EA that BOEM expects to start auctioning leases for the WEA by the fall of 2013


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