Foley Hoag LLP

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

Contact: Jasmine Trillos-Decarie

  • 617-832-1000
  • 617-832-7000

The Expanding Availability of Apportionment To Limit Liability in Superfund Cases

In Burlington Northern in 2008, the US Supreme Court ruled that Superfund liability could be apportioned whenever there was a reasonable basis for showing that the harm was divisible, such as by considering the length of time a…more
| Civil Procedure, Civil Remedies, Environmental Law, Zoning, Planning & Land Use, Toxic Torts

United States to Develop National Action Plan on Responsible Business Conduct

On September 24, at a meeting of the Open Government Partnership at the United Nations, President Obama announced that the U.S. Government would develop a national action plan to promote responsible business conduct. The United…more
| Business Organizations, Civil Rights, Elections & Politics, International Law & Trade

EOEEA Releases Draft Ocean Management Plan Update: Now with Fees

The Massachusetts Executive Office of Energy and Environmental Affairs (EOEEA) recently released for public review and comment a draft update to the Ocean Management Plan for the Commonwealth. The Oceans Act, signed by Governor…more
| Energy & Utilities, Environmental Law

CERCLA Preempts Local Cleanup Bylaws; PRPs Everywhere Breath a Sigh of Relief

In an important decision yesterday, Judge Douglas Woodlock of the District of Massachusetts confirmed that CERCLA preempts local cleanup bylaws. The case involved one aspect of the cleanup of the W.R. Grace Superfund Site in…more
| Conflict of Laws, Environmental Law, Zoning, Planning & Land Use, Real Estate - Residential, Real Estate - Commercial

The SAB Enters the “Waters of the United States” Fray: Guess Which Side the Scientists Support

The Science Advisory Board has now provided its advice to EPA and the ACOE concerning their proposed rule clarifying the definition of “waters of the United States” under the Clean Water Act. In a brief letter that can only…more
| Administrative Law, Civil Procedure, Environmental Law, Science, Computers, & Technology

Molecular Diagnostics Clinical Utility Strategy: A Six-part Framework

Payers and technology assessments currently evaluate diagnostic tests in terms of three categories of information. These are “analytical validity” (the performance features of the test), “clinical validity” (the correlation…more
| Health, Science, Computers, & Technology

Alien Tort Case Developments: Three Recent Decisions

Alien Tort GavelIn July, we posted about two recent decisions by federal appellate courts that sought to define the parameters of the “touch and concern” standard established by the Supreme Court in its 2012 decision in Kiobel…more
| Civil Procedure, Civil Rights, Criminal Law, Personal Injury, International Law & Trade

SEC Continues Its “Strict Liability” Enforcement Campaigns, Focusing on Filing Failures and Rule 105 Violations

Nearly five years ago, the SEC launched an extensive "crackdown" on violations of Rule 105 of Regulation M, which prohibits short selling securities and then participating in secondary offerings of the same securities within…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Fox News v. TVEyes Copyright Fair Use Decision: A Quick Read for the Busy Practitioner

Last week, Judge Alvin Hellerstein of the Southern District of New York issued his opinion Fox News v. TVEyes. Fox News claimed that TVEyes’ media monitoring service was copyright infringement. TVEyes argued that it was fair…more
| Civil Procedure, Communications & Media Law, Intellectual Property

More Than (You Thought) You Ever Wanted To Know About Waters Of The United States

Over the past few months, I worked with a number of colleagues from the American College of Environmental Lawyers to provide the Environmental Council of the States with a balanced review of the history and background of how the…more
| Environmental Law

New York Times Supreme Court Correspondent Adam Liptak Discusses Anthony Lewis’ Iconoclastic First Amendment Views

This past Friday, the keynote speaker at the Boston Bar Association’s Annual meeting was Adam Liptak, Supreme Court Correspondent for the New York Times. Mr. Liptak focused his remarks on the First Amendment views of his…more
| Constitutional Law

Some PURPA Qualifying Facilities are More Qualified Than Others

In a fascinating decision last week, a divided panel of the 5th Circuit Court of Appeals held that the Texas Public Utilities Commission had authority to limit the universe of “Qualifying Facilities” under the Public Utilities…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Environmental Law

CFTC Issues Exemptive Relief to Harmonize with JOBS Act Amendments to Regulation D and Rule 144A

The U.S. Commodity Futures Trading Commission (“CFTC”) issued an Exemptive Letter on September 8, 2014 (“Exemptive Letter”) providing that an issuer relying on Rule 506(c) of Regulation D and resellers relying on Rule 144A,…more
| Business Organizations, Finance & Banking, Securities Law

Be Careful With Pollution Insurance Coverage Disclosures – How Conditions Actually Disclosed Were Deemed Not Disclosed

A Massachusetts company learned the hard way that you need to pay close attention to policy endorsements when you negotiate them. In Market Forge Industries, Inc. v. Indian Harbor Insurance Company, the Appeals Court of…more
| Environmental Law, Insurance

EPA Proposes to Eliminate Affirmative Defenses for Excess Emissions During Startups, Shutdowns, or Malfunctions — Get Ready for Some Citizen Suits

This past April, the D.C. Circuit struck down the part of EPA’s cement kiln rule that would have provided an affirmative defense to civil penalties for excess emissions resulting from unavoidable malfunctions. As we noted at the…more
| Administrative Law, Construction Law, Environmental Law
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