ArticleAviall's Continuing Impact On PRP Settlements In SuperfundOver a decade after it was issued, "Aviall" continues to cause difficulties for private settling parties in CERCLA.United StatesEnvironmentFoley Hoag LLP
ArticleBe Careful With Pollution Insurance Coverage Disclosures – How Conditions Actually Disclosed Were Deemed Not DisclosedA Massachusetts company learned the hard way that you need to pay close attention to policy endorsements when you negotiate them.United StatesEnvironmentFoley Hoag LLP
VideoBetter Late Than Never: Massachusetts Moves To Obtain NPDES Delegation (Video Content)Like most federal environmental programs, NPDES program authority is largely delegated to the states.United StatesEnvironmentFoley Hoag LLP
ArticleBOEM Identifies A Wind Energy Area Offshore Massachusetts: Will The Next Project Take Less Time Than Cape Wind?Last Wednesday, the Bureau of Ocean Energy Management announced that it has identified an area offshore Massachusetts for commercial wind energy development.United StatesEnvironmentFoley Hoag LLP
ArticleCan Cooperation Save The Monarch Butterfly?In another (shocking) piece of good news from the Trump Administration, the Fish & Wildlife Service last week announced a major agreement for the recovery of the monarch butterfly. The agreement will be implemented...United StatesEnvironmentFoley Hoag LLP
ArticleCan Market-Based Approaches Help To Clean Up The Great Lakes? Why The Heck Not?Earlier this week, EPA announced grants for the development of market-based programs to address water quality problems in the Great Lakes, as part of the Great Lakes...United StatesEnvironmentFoley Hoag LLP
ArticleCERCLA Liability For Relocation of Hazardous Waste — Is There Any Limit?Just as tortfeasors take their victims as they find them, s0 PRPs take their hazardous waste sites as they find them. United StatesEnvironmentFoley Hoag LLP
ArticleClean Air Grab BagThere have been so many developments recently on the air front (and I’m so far behind due to an appellate brief) that I thought I would combine a few recent items.United StatesEnvironmentFoley Hoag LLP
ArticleClimate Change Will Increase Peak Energy Demand By More Than We Thought: More Storage, Perhaps?In an interesting study just published in the Proceedings of the National Academy of Sciences, the authors predict that climate change will have a more significant impact on peak energy demand...United StatesEnvironmentFoley Hoag LLP
ArticleClimate Litigation Against The US Is Dead. How Long Will State Climate Damage Cases Survive?On Monday morning, the Supreme Court denied certiorari in Juliana v. United States. The cert. denial leaves in place the 9th Circuit Court of Appeals decision that ordered the case dismissed for lack of standing.United StatesEnvironmentFoley Hoag LLP
ArticleClimate Risk? Credit Risk! Moody's Warns State And Local Governmentsthe effects of climate change, including climbing global temperatures, and rising sea levels, are forecast to have an increasing economic impact on US state and local issuers. United StatesEnvironmentFoley Hoag LLP
ArticleComing Soon To A Roof Near You: Solar Panels (At Least If You Live In SF)This week, the San Francisco Board of Supervisors enacted an ordinance that will require that the developers of all new buildings of 10 floors or less that apply for building permits after January 1, 2017 install solar PV or solar thermal systems.United StatesEnvironmentFoley Hoag LLP
ArticleCOVID-19 And PM2.5 Are Still Not A Healthy MixIn April, I noted that researchers at the T.H. Chan Harvard School of Public Health had identified a relationship between PM-2.5 exposure and mortality from COVID-19. United StatesEnvironmentFoley Hoag LLP
ArticleDid Trump's Election Increase The Odds Of NPDES Delegation In Massachusetts? I Sure Hope So.As I noted last spring, the Baker administration had filed legislation to support NPDES delegation to Massachusetts.United StatesEnvironmentFoley Hoag LLP
ArticleDispatches From The "Sue And Settle" Front: Trade Groups Do Not Have Standing To Challenge Settlements Regarding ESA Listing ProceduresLast week, a federal court, for the fourth time, found that property owners’ groups do not have standing to challenge a settlement between the administration and conservation groups under which the administration agreed to make listing decisions under the Endangered Species Act on more the 250 candidate species by 2016. United StatesEnvironmentFoley Hoag LLP
ArticleDo I Detect A Pattern? Congressional Inaction On TSCA Leads To Scattershot State RegulationYogi Berra is credited with the phrase "déjà vu all over again."United StatesEnvironmentFoley Hoag LLP
ArticleDo Liability Policies, Particularly Pollution Liability Insurance Policies, Exclude Coverage For All Injunctions? The Fifth Circuit Says NoThe Fifth Circuit recently handed down an important decision, Louisiana Generating LLC v. Illinois Union Insurance Company, clarifying the scope of coverage under a Premises Pollution Liability Insurance Policy. United StatesEnvironmentFoley Hoag LLP
ArticleEPA's EJSCREEN: Making Citizen Environmental Suits Just A Little Bit EasierEPA's latest move on this front was the recent release of "EJSCREEN: Environmental Justice Screening and Mapping Tool." United StatesEnvironmentFoley Hoag LLP
ArticleEPA's Final Methane Rule: Fighting Climate Change Up To January 20, 2017 — And BeyondDylan Thomas said "Do not go gentle into that good night." Obama's EPA is taking that advice to heart, pushing forward aggressively on its climate change agenda, even as January 2017 approaches.United StatesEnvironmentFoley Hoag LLP
ArticleEPA's National Compliance Initiatives — Say Goodbye To NSR EnforcementEarlier this month, EPA released its recommendations for its National Compliance Initiatives for 2020-2023. United StatesEnvironmentFoley Hoag LLP