ArticleCalifornia GHG Auction: Some Anecdotal Evidence Of The Cost Of Regulatory Uncertainty?The California Air Resources Board just released the results of its second auction of GHG allowances. United StatesEnvironmentFoley Hoag LLP
ArticleCERCLA Cost Recovery Or Contribution Claim: Another Judicial MisstepThe chaos unleashed by Aviall continues in a recent decision by the Seventh Circuit.United StatesEnvironmentFoley Hoag LLP
ArticleCERCLA Investigations That Really Are At RiskSite owners who conduct environmental investigations of potential releases of hazardous substances in the expectation that they will be able to recover their costs from the party whose operations gave rise to that threatened release may be surprised by the outcome in a recent federal district case in Georgia, Stratford Holding, LLC v. Fog Cap Retail Investors LLC. United StatesEnvironmentFoley Hoag LLP
ArticleCERCLA Is Still ConstitutionalUnited States v. Sterling Centrecorp, Inc., is a great feast of legal argument. United StatesEnvironmentFoley Hoag LLP
ArticleCERCLA Principles In Child Pornography CasesAlthough one might not ordinarily think to associate child pornography and pollution, the two were linked at an oral argument yesterday before the United States Supreme Court. United StatesEnvironmentFoley Hoag LLP
ArticleCERCLA's Easily Confused Statutes Of LimitationsDeciding statute of limitations issues in CERCLA cases is not always a straightforward matter as the recent 54 page opinion in American Premier Underwriters Inc. v. General Electric Company illustrates. United StatesEnvironmentFoley Hoag LLP
ArticleCERCLA’s Broad Sweep Of Liability For OwnersSome decisions are valuable not because they make new law but because they reaffirm well known principles of law. United StatesEnvironmentFoley Hoag LLP
ArticleDog Bites Man: Environmental Impact EditionEarlier this week, Greenwire noted a Los Angeles Times story reporting that businesses are using the California Environmental Quality Act – California’s version of NEPA – as a tool of economic competition, trying to kill or delay projects for economic reasons. Much like Claude Rains, United StatesEnvironmentFoley Hoag LLP
ArticleDog Bites Man, Greenhouse Gas NSPS EditionYesterday, Greenwire reported about speculation regarding what impact EPA’s proposed New Source Performance Standards for greenhouses gases would have on potential regulation of existing sources. United StatesEnvironmentFoley Hoag LLP
ArticleDog Bites Man: Scott Pruitt EditionAccording to Greenwire (subscription required), EPA has acknowledged that it possesses no records providing a factual basis for claims made by Scott PruittUnited StatesEnvironmentFoley Hoag LLP
ArticleEconomic Development Is Not an Unqualified Environmental Evil (In Case You Didn’t Know)I do not want to suggest that most environmentalists are Luddites or that the environmental movement is opposed to economic development. United StatesEnvironmentFoley Hoag LLP
ArticleEnforcing CERCLA’s Three Year Statute of Limitations for Removal ActionsAlthough courts are sometimes reluctant to enforce them, there really are hard stops in CERCLA, particularly the three year statute of limitations for recovery of costs incurred in a removal action. United StatesEnvironmentFoley Hoag LLP
ArticleEnvironmental Nuisance Claims — It Helps To Have ExpertsThe old warning that "past performance is no guarantee of future results" apparently applies not only to investments but also to environmental nuisance suits in Tennessee. United StatesEnvironmentFoley Hoag LLP
ArticleEnvironmental Protection Is An Afterthought At The Environmental Protection AgencyLast week, EPA and the Army Corps of Engineers promulgated the final rule repealing the 2015 rule defining the Waters of the United StatesUnited StatesEnvironmentFoley Hoag LLP
ArticleEPA Delays Issuance Of Stormwater Rule For Construction SitesLate last week, Greenwire reported that EPA is delaying its proposed construction general permit, or CGP, for stormwater. United StatesEnvironmentFoley Hoag LLP
ArticleEPA Further Delays Issuance Of Post-Construction Stormwater Regulation Proposal; Contractors And Developers Are Distraught (Not!)Those following stormwater issues know that EPA is overdue to promulgate a proposed rule for stormwater controls at post-construction sites. United StatesEnvironmentFoley Hoag LLP
ArticleEPA Guidance On Remedial Work During The COVID-19 EmergencyI hope that I am not struck down for saying this, but EPA's guidance on doing remedial work during the COVID-19 emergency is reasonable and appropriate. At the risk of oversimplifying, it basically has two requirements...United StatesEnvironmentFoley Hoag LLP
ArticleEPA Hubris, July 2015 EditionAnyone who reads this blog must have seen the explosion of reports in the trade press that EPA ignored significant criticism from the Army Corps of Engineers in promulgating its Waters of the US rule.United StatesEnvironmentFoley Hoag LLP
ArticleEPA Issues Step 3 Of The Tailoring Rule: Did Anyone Hear The Tree Fall?On Friday, EPA released "Step 3" of the GHG Tailoring Rule. The big news is no news at all. EPA left the GHG permitting thresholds unchanged, at 100,000 tons per year of carbon dioxide equivalent for new facilities and increases of 75,000 tpy of CO2e for existing facilities. United StatesEnvironmentFoley Hoag LLP
ArticleEPA Releases FY 2014 Enforcement Results: Maybe Less Enforcement Is Good NewsLast week, EPA released its report on Enforcement Annual Results in EPA Regions for Fiscal Year 2014. United StatesEnvironmentFoley Hoag LLP