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We still don’t need no stinkin cooperative federalism: the D.C. Circuit Court of Appeals holds that GHG sources require PSD permits even absent a state implementation plan
  • Foley Hoag LLP
  • USA
  • July 29 2013

Last Friday, I posted about the limits to EPA's cooperation with states in the name of "cooperative federalism" under the Clean Air Act. On the same


Cooperative federalism? We don’t need no stinkin cooperative federalism
  • Foley Hoag LLP
  • USA
  • July 25 2013

Last Friday, the Court of Appeals for the 10th Circuit, in Oklahoma v. EPA, affirmed EPA's rejection of Oklahoma's state implementation plan setting


PCS Nitrogen Inc. v. Ashley II of Charleston: required reading for superfund lawyers
  • Foley Hoag LLP
  • USA
  • April 9 2013

The Fourth Circuit handed down a primer on CERCLA liability last week in PCS Nitrogen Inc. v. Ashley II of Charleston. It should be required reading


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


Massachusetts releases its revised solid waste master plan: are we really on a pathway to zero waste?
  • Foley Hoag LLP
  • USA
  • May 8 2013

On Tuesday, MassDEP announced release of its updated Solid Waste Master Plan, subtitled "Pathway to Zero Waste." The Plan's most significant


City of Arlington v. FCC: did the Supreme Court just expand the scope of Chevron deference? No.
  • Foley Hoag LLP
  • USA
  • May 24 2013

On Monday, in City of Arlington v. FCC, the Supreme Court made clear that agency interpretations of ambiguous statutes are entitled to deference even


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


MassDEP regulatory reform release 2.0: wetlands, water, and waterways
  • Foley Hoag LLP
  • USA
  • March 6 2013

In addition to its MCP package, MassDEP has also released its formal regulatory reform proposals for its water, wastewater, wetlands, and waterways


Jarndyce v. Jarndyce has nothing on Comer v. Murphy Oil: the Fifth Circuit Court of Appeals affirms dismissal
  • Foley Hoag LLP
  • USA
  • May 17 2013

Readers of this blog will recall the bizarre history of Comer v. Murphy Oil. In 2005, Plaintiffs brought tort claims against major GHG emitters


Sudden and accidental pollution in Massachusets not always fatal to coverage
  • Foley Hoag LLP
  • USA
  • February 22 2013

In some jurisdictions, an environmental claim under a liability policy with a "sudden and accidental" pollution exclusion has the same prospect of