Foley Hoag LLP - Environmental Law

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Firm Profile: Foley Hoag LLP
Seaport West
155 Seaport Boulevard
Boston, MA 02210-2600, United States
Contact: Audra Callanan
Phone: 617-832-1000
Fax: 617-832-7000
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Toxic Torts
  • Zoning, Planning & Land Use
Locations
Other U.S. Locations
  • D.C.
  • Massachusetts
Other Countries
  • France

South Florida — The Front Lines of Climate Change?

Two related items about climate change resilience and adaptation caught my eye this week. First, the American Academy of Actuaries issued a report on “The National Flood Insurance Program: Challenges and Solutions.” Those wild…more
 /  Environmental Law, Insurance

It’s Wise to Make Certain that Contracts Properly Allocate Future Environmental Compliance Costs

Last week, the 6th Circuit Court of Appeals ruled that AEP, which entered into a consent decree requiring it to install certain pollution controls at its Rockport 1 and 2 power plants, could not force the owner of those plants…more
 /  Civil Procedure, Energy & Utilities, Environmental Law

Does Chevron Ever Permit EPA to Rewrite a Statute? EPA’s Release Reporting Exemptions Are Struck Down

On Tuesday, April 11, 2017, the Court of Appeals for the District of Columbia vacated EPA’s final rule governing reporting of air releases from animal feeding operations. The Court found that EPA had no statutory authority to…more
 /  Civil Procedure, Environmental Law

Should Courts Defer to EPA’s Scientific Expertise if EPA Gets Rid of Its Expertise?

Earlier this week, the 9th Circuit Court of Appeals rejected challenges to the Federal Implementation Plan EPA promulgated after finding that Arizona’s regional haze State Implementation Plan was inadequate. I think that the…more
 /  Environmental Law, Science, Computers, & Technology

Six Years in the Making, New Ch. 91 Flexibility Washes Ashore

Last month, MassDEP and the Massachusetts Office of Coastal Zone Management released long-awaited revisions to the regulations governing waterfront development in Massachusetts (the Chapter 91 regulations, the Designated Port…more
 /  Environmental Law, Real Estate - Commercial, Zoning, Planning & Land Use

McDonalds Won’t Be Serving Utah Prairie Dog Burgers Any Time Soon

On Wednesday, the 10th Circuit Court of Appeals held that regulation of takes of the Utah prairie dog, a purely intrastate species, does not violate the Constitution. Reversing the decision below, the 10th Circuit joined all…more
 /  Administrative Law, Civil Procedure, Constitutional Law, Environmental Law

Exxon Case Against AGs Transferred to New York: Judge Kinkeade Fires a Parting Shot

On Wednesday, Judge Ed Kinkeade ordered that Exxon Mobil’s suit against NY Attorney General Eric Schneiderman and Massachusetts Attorney General Maura Healey be transferred to the Southern District of New York.  The AGs must be…more
 /  Civil Procedure, Elections & Politics, Energy & Utilities, Environmental Law

The Latest Executive Order: Any Kind of Consistency Is the Hobgoblin of Little Minds

Make no mistake, the Executive Order signed by President Trump at EPA yesterday is a big deal. Time will tell whether the Administration’s U-turn on the Obama rules currently in litigation, such as the Clean Power Plan and the…more
 /  Elections & Politics, Environmental Law

Promulgation of TMDLs Does Not Create a Non-Discretionary Duty to Require NPDES Permits

When EPA approved total maximum daily loads for the Charles River, but failed to require NPDES permits for persons discharging stormwater to the Charles, CLF sued. CLF alleged that EPA violated a non-discretionary duty when it…more
 /  Environmental Law

Wind Powers Texas. What Does That Say About the Future of Coal?

According to Bloomberg BNA (subscription required), last week, for the first time ever, more than 50% of the load in the Electric Reliability Council of Texas service area was supplied by wind power. This is the state that…more
 /  Energy & Utilities, Science, Computers, & Technology

Court Orders EPA to Promulgate Air Toxics Standards: A Taste of What’s to Come?

On March 22, 2017, federal Judge Christopher Cooper ordered EPA to promulgate emissions standards for 13 sources of hazardous air pollutants by June 30, 2020. EPA admitted that it missed statutory deadlines to do so; the only…more
 /  Civil Procedure, Civil Remedies, Environmental Law

The Conservative Case for Chevron Deference, Chapter 3 (Plus an Auer Bonus!)

The conservative cases in support of Chevron deference keep arriving. This week, the 9th Circuit Court of Appeals affirmed EPA’s federal implementation plan for compliance with its regional haze regulations by the Navajo…more
 /  Civil Procedure, Energy & Utilities, Environmental Law

Has EPA Region I Lost Its Treasured Independence?

Earlier this month, Trump transition team member David Schnare sent a memorandum to EPA Assistant Administrators and Regional Administrators. The one-paragraph memo directs AAs and RAs..…more
 /  Elections & Politics, Environmental Law

If a Climate Change Report Falls in the White House, Does Anyone Hear It?

This week, the National Academy of Sciences Committee tasked with reviewing the Climate Science Special Report, issued by the Obama administration, basically blessed it. They had some comments, but I’ve been through the NAS…more
 /  Elections & Politics, Environmental Law

Investors Don’t Think That Climate Change Is A Hoax: Black Rock Is Losing Its Patience

Black Rock, which manages more than $5 trillion in assets, has released a statement on how it “engages with climate risk.” The statement has three main elements…more
 /  Business Organizations, Environmental Law
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