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

EPA Will NOT Second-Guess Generators’ Projections of Future Emissions Under the NSR Program

I’ve noted numerous times that the NSR program is incomprehensible gibberish. These are scientific and objective comments. The most recent example of this is the DTE litigation, in which a one-judge minority somehow ended up…more
 /  Environmental Law

Attacking Invasive Species Requires Serious Measures — A Judicial Opinion with Beatles Annotations

Everyone knows what a problem invasive species can be. Difficult problems require difficult solutions. In a recent case decided by the 1st Circuit Court of Appeals, the scope of the government’s authority to address one invasive…more
 /  Environmental Law

Texas Now Has More Wind Than Coal Capacity. So Far, Trump Has Not Saved Coal.

On November 28, 2017, The Houston Chronicle reported that electric generation capacity from wind now exceeds that of coal in Texas. That’s not even counting Vistra’s recent announcement that it intends to close three coal-fired…more
 /  Energy & Utilities, Environmental Law, Science, Computers, & Technology

Climate risk? Credit risk! Moody’s Warns State and Local Governments

Earlier this week, Moody’s Investors Service announced issuance of a report (payment required) warning that: “the effects of climate change, including climbing global temperatures, and rising sea levels, are forecast to have…more
 /  Environmental Law

Significant Nexus Lives! (For Now, In the 9th Circuit)

On November 27, 2017, the 9th Circuit affirmed the conviction of a Joseph Robertson, Montana man who: “discharged dredged and fill material into the surrounding wetlands and an adjacent tributary, which flows to Cataract…more
 /  Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

AG Sessions Speaks. No More Guidance. Make It So.

Last week, Attorney General Sessions sent a memorandum prohibiting the use of guidance in place of notice and comment rulemaking “when purporting to create rights or obligations binding on members of the public or the agency.” …more
 /  Administrative Law, Environmental Law

Opposing NPDES Delegation to Massachusetts Is So 20th Century

On November 14, 2017, the Boston Globe joined most local environmental organizations in opposing delegation of the NPDES program to Massachusetts. How wrong is this? Let me count the ways…more
 /  Environmental Law

Coming Soon to a Northeast or Mid-Atlantic State Near You: Regulations on Carbon Emissions From Transportation

On November 13, 2017, eight states in the Transportation Climate Initiative issued a joint statement pledging to pursue regional solutions to GHG emissions from transportation. The statement does not identify any specific…more
 /  Energy & Utilities, Environmental Law, Science, Computers, & Technology, Transportation

When Is a Discharge to Groundwater Subject to the Clean Water Act? Can You Say “Significant Nexus”?

Whether the Clean Water Act regulates discharges to groundwater has been a topic of significant debate.  At this point, there seems to be something of a trend in the cases towards concluding it does, but it remains true that all…more
 /  Civil Procedure, Environmental Law

If the Apocalypse Approaches, But the Administration Ignores It, Will It Make a Sound?

Last week, the government released the Climate Science Special Report, the first volume of the Fourth National Climate Assessment. It makes grim reading – or perhaps more accurately, grim reaper – reading. Here’s what we might…more
 /  Administrative Law, Environmental Law

Massachusetts Department of Public Utilities Investigates Issues Relating to Net Metering, Energy Storage, and Forward Capacity Market Participation

On October 3, 2017, the Massachusetts Department of Public Utilities (“DPU”) opened a new docket (D.P.U. 17-146) to investigate two issues: whether energy storage systems paired with net metering facilities are eligible for net…more
 /  Energy & Utilities, Environmental Law, Science, Computers, & Technology

Sometimes Guidance Actually Provides Guidance

As regular readers know, the tension between guidance and regulation is one of my favorite topics. My view is that, in general, guidance is too often used simply to avoid notice and comment rulemaking and that, once issued, it…more
 /  Environmental Law

It’s the Externalities, Stupid.

Last week, the Lancet Commission on pollution and public health (free registration required) released a study on the annual costs of pollution. There’s bound to be argument about the specifics, but it’s difficult to argue with…more
 /  Energy & Utilities, Environmental Law

DOE NOPR Faces Criticism But Remains on Fast-Track, with Initial Comments Due October 23

On September 28, 2017, Secretary of Energy Rick Perry sent a letter to FERC enclosing a Notice of Proposed Rulemaking(NOPR), which Secretary Perry asserts “requires the Commission-approved organized markets to develop and…more
 /  Energy & Utilities, Environmental Law

Pruitt Banishes “Sue and Settle” – A Solution In Search of a Problem?

EPA Administrator Scott Pruitt issued a Directive prohibiting the practice of “sue and settle.” He also issued a Memorandum to senior staff explaining in more detail some of the concerns about “sue and settle.” They are two…more
 /  Administrative Law, Civil Procedure, Environmental Law
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