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  • Article

    EPA To Rename OSWER: How About "The Office That Should Be Eliminated As Soon As Possible"?

    According to the Daily Environment Report (subscription required), EPA is going to change the name of the Office of Solid Waste and Emergency Response to the Office of Land and Emergency Management
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    FERC Will Seek Supreme Court Review Of The Decision Striking Down Order 745

    Last Friday, FERC sought a further stay of the decision by the D.C. Circuit Court of Appeals striking down FERC Order 745.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    FutureGen Is Dead. Long Live CCS.

    Although there is no news on DOE's web site as of today, apparently FutureGen 2.0 future gen 2is dead.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Governor Baker Shows Support For Offshore Wind Industry

    The Governor applauded such efforts as a key step in the development of this new market.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Governor Patrick Announces Climate Change Preparedness Initiatives: Not Everyone’s On Board

    On Tuesday, Governor Patrick announced a series of climate change preparedness initiatives, including about $50 million in funds for a variety of programs.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Is Death A Defense To CERCLA Liability?

    The Second Circuit recently rejected one of the all-time "Hail Mary" passes for CERCLA contribution.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Is Putin's Deep Game To Make Money From Climate Change?

    ClimateWire (subscription required) reported today that Russia plans to join the Paris Agreement. Apparently, Russia is doing so because it sees a global move to a low-carbon economy and it
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Is The Absolute Pollution Exclusion Absolute? It Depends On Which State Answers The Question

    The battle over the scope of the absolute pollution exclusion in general liability policies continues to be fought in the context of defective drywall manufactured in China.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Kamala Harris Puts Exxon Under Her Microscope: California AG Reportedly Has Launched Review Of Oil Giant's Statements On Climate Change

    Several sources are reporting that California Attorney General Kamala Harris' office is examining what Exxon knew about the science of climate change compared with what the company told investors.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Kansas Thumbed Its Nose At EPA's SIP Requirements — How'd That Work Out?

    Generally speaking, it's just not wise for a state simply to thumb its nose at EPA.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Let The Environmental Trade Wars Begin!

    While speculation is rampant regarding just far President Trump will go to roll back progress on climate change in the United States...
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Video

    Massachusetts Climate Legislation Becomes Law — The Future Of Everything

    It's not always the case, but my speculation about the Massachusetts climate bill was correct. On Friday, Governor Baker signed it into law.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Massachusetts Issues Draft SREC II Regulations: Headed Toward 1.6GW Of Solar By 2020?

    Last year, Governor Patrick announced a goal of 1.6GW of solar electricity in Massachusetts by 2020; a goal that requires more than 1.2GW of new solar in the next six years.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    MassDEP Proposes To Ratchet Down PFAS Standards

    On Friday, MassDEP proposed a number of revisions to the Massachusetts Contingency Plan, including reporting and cleanup standards for PFAS. The proposed GW-1 standard
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Mitigating GHG Emissions From Buildings. The Drumbeat Is Getting Louder

    I've posted a number of times about the coming wave of efforts to reduce or eliminate GHG emissions from buildings.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    More Evidence That Chevron Is Not A Liberal Plot

    Yesterday, Judge William Young ruled that discharges to groundwater are not subject to Clean Water Act jurisdiction, even if they ultimately reach surface waters that are unambiguously waters...
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    NEPA Review — Still The Land Of Deference

    Last week, District Judge Ralph Beistline allowed the summary judgment motion filed by the United States Forest Service, and dismissed citizen claims challenging the Forest Service decision...
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Obama Budget Would Cut Superfund by 6%: How About A New Approach?

    According to a report in yesterday’s Greenwire, President Obama’s proposed budget would reduce Superfund spending by 6%, from $565 million to $532 million.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    One More Problem With The Climate Superfund Act

    While the Act certainly looks much like a tax, I failed to point out that the Act omits what is typically the biggest selling point of a carbon tax – its impact on prices and consumption behavior.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    One More Update On The GHG NSPS Rule: EPA Has Improved Its Odds Of Surviving Judicial Review, But I’m Still, Still, Skeptical

    When EPA’s NSPS Rule for GHGs was published in the Federal Register last week, I noted that the rule might be on shaky ground, because an EPA Science Advisory Board work group had questioned the basis for EPA’s decision that carbon capture and storage is feasible technology.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP

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