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, Director of Marketing and Business Development
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

Another Ruling that Discharges to Groundwater May Be Subject to the Clean Water Act

Last week, the 4th Circuit Court of Appeals – not the most liberal court in the land – joined the 9th Circuit in ruling that discharges from a point source to groundwater can be subject to the Clean Water Act. The decisions…more
 /  Administrative Law, Civil Procedure, Environmental Law

Green Guide Annual Review: Environmental False Advertising in 2017/2018

Earth Day is coming up on April 22, and you may be looking to capture some environmentally-minded consumers with nifty green-themed advertising campaigns. But before you do, remember that the Federal Trade Commission (“FTC”)…more
 /  Communications & Media Law, Environmental Law

How Much Deference Will EPA Get On Its CAFE Standards Decision?

There’s been a lot of discussion regarding EPA’s decision to withdraw EPA’s Mid-term Evaluation of Greenhouse Gas Emissions for Model Year 2022-2025 Light-duty Vehicles. After pondering for a while, my question is how much…more
 /  Administrative Law, Environmental Law

BLM Loses Another One: Resource Management Plans for Coal Leasing Areas Are Sent Back to the Drawing Board

Late last month, Judge Brian Morris granted summary judgment to plaintiffs on three claims alleging that the environmental impact analysis supported BLM’s Resource Management Plans for managing coal leases in the Powder River…more
 /  Environmental Law

ExxonMobil’s AG Claims Are Dismissed — What a Shock!

On March 29, 2018, Judge Valerie Caproni dismissed claims brought by ExxonMobil against New York Attorney General Schneiderman and Massachusetts Attorney General Healey. Boiled down to their essence, ExxonMobil’s claims were…more
 /  Civil Procedure, Environmental Law

Shooting Fish In a Barrel: EPA Loses Another Regulatory Delay Case

On March 21, 2018, EPA lost yet another regulatory delay case. After the Obama EPA promulgated rules updating requirements concerning certification and use of “restricted use pesticides” in January 2017, the Trump EPA purported…more
 /  Administrative Law, Constitutional Law, Environmental Law

Federal Common Law Climate Claims: Now You See Them, Now You Don’t

Just a few weeks ago, Federal Judge William Alsup ruled that claims brought by San Francisco and Oakland against certain large oil companies belonged in federal court, because they raise issues of federal common law. Last week,…more
 /  Civil Procedure, Environmental Law

CSAPR is Better Than BART

On March 20, 2018, the D.C. Circuit Court of Appeals rejected environmental and state/industry challenges to EPA’s Regional Haze Rule. In essence, the ruling confirms that EPA was reasonable in determining that compliance with…more
 /  Administrative Law, Energy & Utilities, Environmental Law

Governor Baker Burnishes His Green Credentials

Governor Baker has sent some mixed messages to the environmental community in his first term. After promising during the campaign to increase environmental spending to 1% of the state budget, he’s made essentially no progress…more
 /  Elections & Politics, Environmental Law

A Trial on Climate Change Claims Against the United States? What Fun!

Yesterday, March 7, 2018, the 9th Circuit rejected the Trump adminitration’s request for a writ of mandamus ordering the trial court to dismiss litigation brought by 21 children alleging that the government’s failure to address…more
 /  Administrative Law, Constitutional Law, Environmental Law

Can Trump Save Coal Without Killing All the Miners?

Last month, the New York Times reported on the identification of the largest cluster of advanced black lung cases ever reported. (And lest you think that this is fake news, the Times contains a link to the article, which was a…more
 /  Energy & Utilities, Environmental Law

OMB Reports that the Benefits of Regulation Exceed the Costs. The President Knows that Can’t Be Right

Late last month, to no fanfare whatsoever, OMB released its annual report on the costs and benefits of federal regulations. There’s a reason that the Administration did not give the report any attention. The report states that,…more
 /  Administrative Law, Environmental Law

Federal Common Law Controls California Climate Actions: Never a Dull Moment

Earlier this week, Judge William Alsup denied a motion by Oakland and San Francisco to remand their public nuisance claims against some of the world’s largest fossil fuel producers to state court. However, I’m not sure that this…more
 /  Civil Procedure, Energy & Utilities, Environmental Law

BLM Changes Policy; A Court Says Its Reasons Aren’t Good Enough

As I’ve noted previously, the fight over the Trump Administration’s effort to change course on a number of Obama environmental initiatives is going to focus in significant part on FCC v. Fox Television Stations, in which the…more
 /  Civil Procedure, Civil Remedies, Energy & Utilities, Environmental Law, Science, Computers, & Technology

Three Weeks; Three Decisions Rejecting Regulatory Delays

The Trump administration. The gift that keeps on giving to bloggers. After posting last week about the order requiring DOE to send its energy efficiency standards to the Federal Register for publication, I noted that that…more
 /  Administrative Law, Environmental Law
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