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Foley Hoag LLP | USA | 3 Sep 2013

Standing matters, TMDL version

Last week, in Conservation Law Foundation v. EPA, Judge Mark Wolf ruled that CLF did not have standing to challenge EPA's approval of total maximum…
Article

Foley Hoag LLP | USA | 1 Sep 2013

Building connections between compliance and CSR

CSR serves to strengthen a company's capacity to listen to, and communicate with, a range of stakeholders, including employees, customers, investors…
Article

Foley Hoag LLP | USA | 28 Aug 2013

More on old NSR claims: injunctive relief remains available against original owners foolish enough not to have sold

As we noted last week and last month, the 3rd and 7th Circuits have ruled that violations of the obligation to undertake NSR review prior to…
Article

Foley Hoag LLP | USA | 27 Aug 2013

Lawrence Lessig files copyright suit over “bad faith” DMCA takedown notice

The District of Massachusetts may be becoming a center for takedown notice jurisprudence. As we have previously reported, pending before the court is…
Article

Foley Hoag LLP | USA | 23 Aug 2013

FATCA registration now available

On August 19, 2013, the IRS began to accept applications for registration under FATCA, the new U.S. tax regime designed to combat offshore tax…
Article

Foley Hoag LLP | USA | 23 Aug 2013

The final nail in the coffin on EPA’s enforcement initiative against historic PSD violations? The Third Circuit agrees that PSD violations are not ongoing

Only last month, the 7th Circuit ruled that alleged violations of the Clean Air Act's PSD requirements are not ongoing. On Wednesday, in United…
Article

Foley Hoag LLP | India | 23 Aug 2013

The Madrid Protocol: passage to India now open

We previously reported that India was scheduled to become the 90th member of the Madrid Protocol Concerning the International Registration of…
Article

Foley Hoag LLP | USA | 22 Aug 2013

Integrated assessment models of the social cost of carbon: false precision is more false than precise

For those who both believe in the reality of climate change and dream of a day when Congress might get past gridlock and address the issue, the…
Article

Foley Hoag LLP | USA | 22 Aug 2013

The Third Circuit reinstates nuisance claims against cheswick generating: bad idea

On Wednesday, in Bell v. Cheswick Generating Station, the 3rd Circuit Court of Appeals revived class action nuisance claims brought by residential…
Article

Foley Hoag LLP | USA | 21 Aug 2013

The Atomic Energy Act preempts Vermont’s efforts to close Vermont Yankee: sometimes, legislative intent is just too clear to ignore

Last week, in Entergy v. Shumlin, the 2nd Circuit Court of Appeals largely struck down Vermont's efforts to close Vermont Yankee. Although three…
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