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  • Article

    California 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 StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    CERCLA Cost Recovery Or Contribution Claim: Another Judicial Misstep

    The chaos unleashed by Aviall continues in a recent decision by the Seventh Circuit.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    CERCLA Investigations That Really Are At Risk

    Site 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 StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    CERCLA Is Still Constitutional

    United States v. Sterling Centrecorp, Inc., is a great feast of legal argument.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    CERCLA Principles In Child Pornography Cases

    Although 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 StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    CERCLA's Easily Confused Statutes Of Limitations

    Deciding 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 StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    CERCLA’s Broad Sweep Of Liability For Owners

    Some decisions are valuable not because they make new law but because they reaffirm well known principles of law.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Dog Bites Man: Environmental Impact Edition

    Earlier 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 StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Dog Bites Man, Greenhouse Gas NSPS Edition

    Yesterday, 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 StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Dog Bites Man: Scott Pruitt Edition

    According to Greenwire (subscription required), EPA has acknowledged that it possesses no records providing a factual basis for claims made by Scott Pruitt
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Economic 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 StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Enforcing CERCLA’s Three Year Statute of Limitations for Removal Actions

    Although 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 StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Environmental Nuisance Claims — It Helps To Have Experts

    The 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 StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Environmental Protection Is An Afterthought At The Environmental Protection Agency

    Last week, EPA and the Army Corps of Engineers promulgated the final rule repealing the 2015 rule defining the Waters of the United States
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    EPA Delays Issuance Of Stormwater Rule For Construction Sites

    Late last week, Greenwire reported that EPA is delaying its proposed construction general permit, or CGP, for stormwater.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    EPA 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 StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    EPA Guidance On Remedial Work During The COVID-19 Emergency

    I 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 StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    EPA Hubris, July 2015 Edition

    Anyone 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 StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    EPA 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 StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    EPA Releases FY 2014 Enforcement Results: Maybe Less Enforcement Is Good News

    Last week, EPA released its report on Enforcement Annual Results in EPA Regions for Fiscal Year 2014.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP

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