Foley Hoag LLP - Environmental Law

Seaport West 155 Seaport Boulevard
Boston, MA 02210-2600, United States

Contact: Jasmine Trillos-Decarie

  • 617-832-1000
  • 617-832-7000

Self Righteousness Still Does Not Help the Environmentalists’ Cause

Fully five years ago, I noted that the cavalier treatment by government officials of FOIA requests made by opponents of government policy revealed a degree of self-righteousness that was both offensive and self-defeating –…more
| Administrative Law, Elections & Politics, Environmental Law

MassDEP — A Voice of Reason in the Stormwater Permitting Debate

EPA has been working to craft a general permit for small Municipal Separate Storm Sewer Systems for quite some time. The most recent draft permit, published last September, has received significant comment, most recently from…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

No Competitors In My Backyard?

In Paradise Lost, John Milton wrote that “easy is the descent into Hell, for it is paved with good intentions.” A modern environmental lawyer might say that the road to waste, inefficiency, and obstruction is paved with good…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use

CERCLA’s Confusion Between Section 107 and Section 113

Over a decade after the Supreme Court’s decision in Cooper Industries v. Aviall, the divide between CERCLA Section 107 cost recovery claims and Section 113 contribution claims remains unsettled. PRPs incurring response costs at…more
| Administrative Law, Civil Remedies, Environmental Law, Real Estate - Commercial, Toxic Torts

Musings on Another Snowy Morning While Waiting For the Redline in Boston

As two current events illustrate, climate change over the coming years is likely to test and ultimately expose the fundamental inadequacy of much of the infrastructure built to support modern societies. The first current event…more
| Environmental Law, Zoning, Planning & Land Use

Is It Too Late to Just Throw Superfund to the Curb?

Last week, Judge Paul Borman of the Eastern District of Michigan, allowed a motion by the United States for judgment on the pleadings, dismissing a third-party complaint brought against the United States by Michigan Consolidated…more
| Civil Procedure, Civil Remedies, Energy & Utilities, Environmental Law, Real Estate - Commercial

An Analysis of the Problems at the MBTA: Is This the Origin of “Sue-and-Settle”?

On Sunday, the Boston Globe had a fairly comprehensive look at the causes of the current failings of the MBTA. Interesting reading for those who like to belabor the obvious. The short version? Lack of political will and…more
| Elections & Politics, Finance & Banking, Transportation

The Impact of the Clean Power Plan on Reliability: Now We Have Dueling Assessments

In November, the North American Electric Reliability Corporation provided its “Initial Reliability Review” of EPA’s Clean Power Plan. NERC raised a number of concerns about the impact of the CPP on reliability…more
| Energy & Utilities, Environmental Law

Déjà Vu All Over Again: CLF and CWRA Try Once More to Get EPA to Regulate Stormwater Discharges to the Charles River

In 2008, EPA made a preliminary determination to use its residual designation authority (RDA) under the Clean Water Act to designate stormwater discharges from two or more acres of impervious surfaces in the Lower Charles River…more
| Administrative Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Parent Corporations Beware: Control Over Your Subsidiaries is a Double-Edged Sword

The decision earlier this month in Cyprus Amax Minerals v. TCI Pacific Communications is a useful reminder that corporate form exists for a reason and that parent corporations who ignore corporate niceties do so at their peril. …more
| Business Organizations, Environmental Law

FutureGen is Dead. Long Live CCS.

Although there is no news on DOE’s web site as of today, apparently FutureGen 2.0 is dead.  DOE stopped federal funding.  The FutureGen Alliance has already asked DOE to reconsider, but that seems unlikely at this point…more
| Administrative Law, Energy & Utilities, Environmental Law

A Federal Court Rules that Increased Conductivity Impairs a Stream — How Shocking!

On Tuesday, Chief Judge Robert Chambers ruled that Fola Coal Company violated the Clean Water Act by discharging mine waste with sufficiently high levels of conductivity to cause or materially contribute to impairment of…more
| Civil Procedure, Commercial Law & Contracts, Environmental Law, Zoning, Planning & Land Use

General Permits Are Also Entitled to a Permit Shield

On Tuesday, the 6th Circuit Court of Appeals held that the “permit shield” provisions of the Clean Water Act protected ICG hazard from Sierra Club claims that effluent from ICG Hazard’s Thunder Ridge mine caused exceedances of…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Coming Soon to a Settlement Near You: Next Generation Compliance

In a memorandum issued earlier this month, EPA Assistant Administrator for Enforcement Cynthia Giles encouraged use by EPA staff of “Next Generation Compliance Tools” in civil settlements. Some of the tools are more “next…more
| Energy & Utilities, Environmental Law

The Need For Expert Evidence To Make Out An Innocent Landowner Defense Under CERCLA

As every litigator knows, evidence almost always tells a story that is untidy and riddled with loose ends. This was illustrated by a recent innocent landowner case in California — Coppola v. Smith. There, a company had…more
| Civil Remedies, Environmental Law, Zoning, Planning & Land Use, Toxic Torts, Real Estate - Commercial
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  • Environmental Law
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