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Discretion is the Better Part of Valor; Court Dismisses Clean Water Act Citizen Suit Challenging POTW’s Enforcement Discretion

The scope of suits available to private citizens under the Clean Water Act is not unlimited. A Federal District Court in Massachusetts recently made that clear in dismissing a citizen suit filed by the Conservation Law...more

Local Regulation of Fossil Fuel Pipelines (or The Little City That Could)

With all the attention focused on the Keystone pipeline and the disputes over local regulation of fracking, it’s easy to overlook the small city of South Portland, Maine (population 26,000), which just prevailed in the First...more

Lies, Damn Lies, and Statistics: How the COVID-19 Crisis Highlights Our Misuse of Data

As I was reading the latest statistics regarding the spread of COVID-19, I became frustrated. My frustration stemmed not just from the fact that we are unprepared despite repeated warnings, but also from the way our elected...more

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

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