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

Shareholders Are Getting Restless; Climate Change Resolution Passes at Occidental

In March, I noted BlackRock’s increasing concern over climate. One element of its statement was “potential support for shareholder resolutions on climate risk”, where “management’s response to our prior engagement has been…more
 /  Environmental Law

Superfund Reform, Part 2: Giving Credit Where Credit Is Due

Last week, I offered less than fulsome praise of EPA Administrator Pruitt’s announcement that he was taking control of remedial decision for big Superfund sites. Now, he’s followed up with a memorandum announcing establishment…more
 /  Administrative Law, Environmental Law

Scott Pruitt Just Solved All of the Problems with Superfund. Not.

Last week, EPA Administrator Pruitt issued a memorandum requiring that all Superfund remedies estimated to cost at least $50 million be approved by the Administrator. I’m not optimistic that this will cure, or even ameliorate,…more
 /  Administrative Law, Environmental Law

Will There Be a Trial on Climate Change Public Trust Claims? It’s Looking that Way.

Last November, the District Court of Oregon denied the motion of the United States to dismiss claims that the United States had violated a public trust obligation it owes to US citizens to protect the atmosphere from climate…more
 /  Civil Procedure, Environmental Law

Not “Too Big to Fail.” Too Big to Comply.

Last year, the 5th Circuit Court of Appeals vacated the decision by District Judge David Hittner not to impose any penalties on ExxonMobil for violations alleged in a Clean Air Act citizens’ suit concerning ExxonMobil’s Baytown…more
 /  Civil Procedure, Energy & Utilities, Environmental Law

Perhaps It Should Be Renamed the “Really, Really, Endangered Species Act”

Last Friday, the 9th Circuit Court of Appeals affirmed a District Court decision ruling that the Fish & Wildlife Service decision that listing of the whitebark pine as endangered or threatened was “warranted, but precluded” was…more
 /  Environmental Law

State Sovereignty, Meet the Supremacy Clause

Earlier this week, the 10th Circuit Court of Appeals reversed a District Court decision and vacated an injunction which had prevented the U.S. Fish & Wildlife Service from reintroducing the Mexican gray wolf onto certain federal…more
 /  Civil Procedure, Environmental Law

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
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