Foley Hoag LLP - Environmental Law

MATS, Take Two: EPA Still Supports the Rule (And EPA Is Correct)

Late last week, EPA issued a Supplemental Finding, concluding that it is still “appropriate and necessary” to regulate hazardous air pollutants from coal- and oil-fired electric generating units. The Supplemental Finding was…more
| Civil Procedure, Energy & Utilities, Environmental Law

Some Hard Truths About Addressing Climate Change

On November 23, 2015 Boston Globe had an op-ed by Joshua Goldstein and Steven Pinker concerning some “Inconvenient Truths for the environmental movement.” I’m sorry to say that I agree with pretty much every word of it. Why am…more
| Energy & Utilities, Environmental Law, International Law & Trade

Washington Has A Public Trust Obligation to Address Climate Change — So What?

Last week, a trial judge in Washington State, in Foster v. Washington Department of Ecology, ruled that the Public Trust Doctrine requires the State of Washington to address climate change more aggressively. Greenwire’s…more
| Civil Procedure, Environmental Law

What Success Means For COP21

If you want to know what how a rational optimist defines success for COP21, take a look at Rob Stavins’s latest post. Here’s his “Paris Scorecard” for what success will look like..…more
| Energy & Utilities, Environmental Law, International Law & Trade

Coming Soon to a Project Near You: Advance Compensation

Earlier this month, the White House released a Presidential Memorandum on “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment.” If that portentous title isn’t enough to make…more
| Environmental Law, Finance & Banking, Zoning, Planning & Land Use

Does the Impact of Climate Change on Financial Markets Have Anything In Common with Same-Sex Marriage?

A few months ago, I asked whether climate change nuisance and public trust litigation might have something in common with litigation challenging bans on same-sex marriage. The idea was that both types of litigation seemed…more
| Environmental Law

When Is A Discharge to Groundwater a Discharge to a Water of the United States?

The Clean Water Act regulates discharges of pollutants to waters of the United States. That term is not understood to include groundwater. The Sierra Club was unhappy about alleged discharges to groundwater from coal ash…more
| Civil Procedure, Energy & Utilities, Environmental Law

Perhaps the Clean Air Act Really Doesn’t Preempt State Common Law Remedies

This week, the 6th Circuit Court of Appeals held, in Merrick v. Diageo Americas Supply, that the Clean Air Act does not preempt source state common law remedies seeking to control air pollution – even where the defendant is in…more
| Civil Procedure, Environmental Law

EPA To Rename OSWER: How About “The Office That Should Be Eliminated As Soon As Possible”?

According to the Daily Environment Report (subscription required), EPA is going to change the name of the Office of Solid Waste and Emergency Response to the Office of Land and Emergency Management. What a grand name; surely it…more
| Environmental Law

What Do Opponents of the Clean Power Plan and the Oklahoma Sooners Have In Common?

So the Clean Power Plan has been published in the Federal Register. For those who cannot get enough, you can find all of the important materials, including EPA’s Technical Support Documents, on EPA’s web site for the CPP…more
| Civil Procedure, Energy & Utilities, Environmental Law

CERCLA Remains Ridiculous: A Remedy In Operation For 18 Years Is “Short Term”

Far too frequently, we are reminded just how hard judges must work to save CERCLA from itself. The decision last week in California River Watch v. Fluor Corporation is the most recent compelling example…more
| Civil Procedure, Environmental Law

While The Outcome In the Lower Fox River Case Continues to Change, The Legal Standard For Apportionment Is The Same

In 1832, Abraham Lincoln said that ” it is better to be only sometimes right, than at all times wrong, so soon as I discover my opinions to be erroneous, I shall be ready to renounce them.” Judge Greisbach of Eastern District…more
| Civil Procedure, Environmental Law

Alaska Needs to Drill For More Oil — It’s All the Fault of Climate Change

According to the BBC, Alaska Governor Bill Walker has concluded that more drilling for oil is necessary in order for Alaska to have the funds necessary to pay to mitigate the costs of climate change in Alaska. Such costs…more
| Energy & Utilities, Environmental Law

The Sixth Circuit Stays the Waters of the United States Rule: Just a Plain Vanilla Preliminary Injunction — Not!

On October 9, 2015, the Sixth Circuit Court of Appeals issued a nationwide stay against implementation of the “Waters of the United States” rule. The case is so weird, in so many ways, that I don’t even think I can count them. …more
| Civil Procedure, Civil Remedies, Environmental Law

Pre-enforcement Review? Not Enough. How About Pre-issuance Review?

In Sackett, the Supreme Court ruled that EPA could not issue enforcement orders under the Clean Water Act without allowing the subjects of the order the right to bring a pre-enforcement challenge to such orders under the…more
| Civil Procedure, Constitutional Law, Environmental Law
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Contact: Audra Callanan

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Areas of Practice
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