Foley Hoag LLP - Environmental Law

Contact
Share
Info
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

Pruitt Banishes “Sue and Settle” – A Solution In Search of a Problem?

EPA Administrator Scott Pruitt issued a Directive prohibiting the practice of “sue and settle.” He also issued a Memorandum to senior staff explaining in more detail some of the concerns about “sue and settle.” They are two…more
 /  Administrative Law, Civil Procedure, Environmental Law

SMART Moves to a New Forum: Massachusetts Department of Public Utilities to Consider a SMART Tariff

Stakeholders have been following the development of “SMART” as a successor to the SREC program in Massachusetts for more than a year.  (See our previous posts on the development process here, here, and here.)  As it stands,…more
 /  Energy & Utilities

How Wrong Does a District Court Have to Be to Abuse Its Discretion?

The 9th Circuit Court of Appeals has reversed a District Court decision allocating 100% of CERCLA response costs at a San Diego Superfund site to TDY Holdings, which operated an aeronautical manufacturing plant from 1939 to…more
 /  Civil Procedure, Environmental Law, Toxic Torts

Court Rejects BLM’s Efforts to Unbalance the Scales of Justice

On October 4, 2017, Magistrate Judge Elizabeth Laporte granted summary judgment to plaintiffs and vacated the Bureau of Land Management’s notice that it was postponing certain compliance dates contained in the Obama BLM rule…more
 /  Administrative Law, Energy & Utilities, Environmental Law, Science, Computers, & Technology, Zoning, Planning & Land Use

First Electric Generation. Then Transportation. What About Buildings?

October 2, 2017, EnergyWire (subscription required) reported that New York City Mayor Bill de Blasio has unveiled a plan to cap fossil fuel use in buildings in New York City. (I haven’t seen the specific plan, but it is…more
 /  Energy & Utilities, Environmental Law, Real Estate - Commercial, Science, Computers, & Technology

We’re Number 1! (And California Isn’t)

The American Council for an Energy-Efficient Economy just released its 2017 Energy Efficiency Scorecard.  After sharing the top spot with California in the 2016 Scorecard, Massachusetts is back where it belongs – alone at the…more
 /  Energy & Utilities, Environmental Law, Science, Computers, & Technology

What the Frack Is Up With BLM’s Fracking Rule?

Last week, the 10th Circuit Court of Appeals dismissed as prudentially unripe appeals of last year’s District Court decision striking down BLM’s 2015 fracking rule. The District Court ruled that BLM had no authority to issue the…more
 /  Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

The Drumbeat Continues: Another Court Rejects an FEIR For Not Properly Considering Climate Change

Last week, the 10th Circuit Court of Appeals reversed and remanded a District Court decision approving a decision by the Bureau of Land Management to approve new leases on mines that account for 20% of U.S. coal production. The…more
 /  Administrative Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

How Imminent Are the Impacts of Climate Change in Everett?

On September 13, 2017, Judge Mark Wolf dismissed part of the Conservation Law Foundation’s claims in its litigation against ExxonMobil concerning ExxonMobil’s Everett Terminal facility. The opinion is both interesting and…more
 /  Civil Procedure, Energy & Utilities, Environmental Law

If China Can Cap-and-Trade Auto Fuel, Why Can’t We?

Bloomberg reported earlier this week that: China will soon unveil a mandatory cap-and-trade credit program for electric cars, starting the countdown for carmakers to be in compliance with stricter rules on emissions and fuel…more
 /  Energy & Utilities, Environmental Law, International Law & Trade, Science, Computers, & Technology, Transportation

Trump’s 2-For-1 Order: Still Arbitrary and Capricious After All These Months

In June, I posted about Foley’s brief in support of those challenging Executive Order 13771, the so-called “2 for 1” EO. By ignoring the benefits of existing and proposed regulations, the Order ignores the purposes behind the…more
 /  Elections & Politics, Environmental Law

Cooperative Federalism Requires Cooperation From Both Sides

In 2011, the National Parks Conservation Association sued EPA for failure to enforce the regional haze requirements of the Clean Air Act. EPA and the NPCA settled in 2012, establishing a schedule by when SIPs or FIPs had to be…more
 /  Environmental Law

What’s a Court to Do When EPA Misses a Statutory Deadline?

Earlier this week, a divided 9th Circuit Court of Appeals affirmed entry of a consent decree between the Sierra Club and EPA, resolving litigation over EPA’s failure to promulgate attainment designations for the sulfur dioxide…more
 /  Civil Procedure, Environmental Law

The Arbitrary and Capricious Standard Remains in the Eye of the Beholder

In a very interesting – and extremely rare – case, Emhart Industries has successfully defended itself against a unilateral administrative order issued by EPA under CERCLA, on the ground that key decisions made by EPA were…more
 /  Civil Procedure, Environmental Law

State Street Global Advisors Gets on the Climate Disclosure Express — In a Big Way

Earlier this month, State Street Global Advisors joined the chorus of money managers urging corporate boards, particularly those in “high-impact sectors” – meaning “oil and gas, utilities and mining” – to do a better job…more
 /  Energy & Utilities, Environmental Law
Showing 1-15 of 644 Results
/
View per page
Page: of 43
This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.