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Results: 1-10 of 67

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


NSR litigation: Cinergy dodges a bullet
  • Foley Hoag LLP
  • USA
  • October 13 2010

In a crisply written opinion by Judge Posner, the 7th Circuit Court of Appeals just reversed a district court judgment against Cinergy in the NSR case involving Cinergy's power plant in Wabash, Indiana, and directed that judgment enter for Cinergy


Forthcoming changes to RGGI? Let's start with the Big Cap.
  • Foley Hoag LLP
  • USA
  • November 15 2010

The cap in the nation's first mandatory cap-and-trade system is probably set too high


Coming to a steam electric generating plant near you in May 2014 new effluent limitation guidelines
  • Foley Hoag LLP
  • USA
  • April 23 2013

Last Friday, EPA announced release of its draft proposal to revise the effluent guidelines and standards for the steam electric power generating


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


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


Not a good start for challenges to EPA NAAQS revisions: the District of Columbia Court of Appeals affirms EPA's new NOx NAAQS
  • Foley Hoag LLP
  • USA
  • July 18 2012

Yesterday, in American Petroleum Institute v. EPA, the D.C. Circuit Court of Appeals affirmed EPA’s revisions to the National Ambient Air Quality Standard for NOx


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


EPA issues a 316(b) Notice of Data Availability: even Edison Electric is impressed
  • Foley Hoag LLP
  • USA
  • June 5 2012

Late last week, EPA issued a Notice of Data Availability concerning its proposed rule for cooling water intake structures at existing facilities


In RGGI news: compliance is up, emissions are down, sales are flat, and New Jersey and New Hampshire are either in or out
  • Foley Hoag LLP
  • USA
  • June 13 2012

There have been a number of news stories about the Regional Greenhouse Gas Initiative (RGGI) in the last few weeks