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  • Article

    Last Of An Endangered Species Spotted On Capitol Hill: A Practical Senator

    Bloomberg Environment is reporting this morning that Senator Chris Coons is trying to persuade Democrats that they should agree to limit EPA's authority to regulate greenhouse gases in return for GOP support...
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Little Ado About Very Much: EPA Reinterprets Its PCB Guidance

    On Tuesday, EPA issued its "reinterpretation" of its understanding of what building wastes constitute "PCB bulk product waste" under TSCA regulations, as opposed to "PCB remediation waste".
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Making Economic Arguments To Reduce GHG Releases: Senator Markey Releases A Report On Methane Leaks From Gas Distribution Lines

    The push to frame the climate debate in economic terms continues.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    MassDEP Begins To Roll Out Its Regulatory Reforms: Good News On The Solid Waste Front

    As I’ve previously discussed, MassDEP has been embarked on an effort – prompted by shrinking budgetary resources – to promulgate a package of regulatory reforms.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    MassDEP Issues Final Rules For Anaerobic Digestion Facilities: Let’s Hope They Work

    This week, MassDEP announced that it had finalized regulatory revisions intended to encourage anaerobic digestion projects in the Commonwealth.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Massdep Proposes Amendments To CO2 Budget Trading Regs To Implement RGGI Program Changes

    On Friday, MassDEP released for public review and comment draft amendments to the CO2 Budget Trading Program regulations.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    MassDEP Regulatory Reform Release 2.0: Wetlands, Water, And Waterways

    In addition to its MCP package, MassDEP has also released its formal regulatory reform proposals for its water, wastewater, wetlands, and waterways programs.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    MassDEP Tightens TCE Indoor Air Regulation: The $64,000 Question? What About Closed Sites?

    The MassDEP has released a new guidance on how it is assessing exposures to TCE in light of EPA new assessment of TCE risks released in September 2011.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Maui's "Functional Equivalent" Test: Courts Are Still Feeling Their Way

    Earlier this month, the 9th Circuit vacated the District Court judgment in a Clean Water Act citizens' suit, because the basis for the judgment had been undermined by the Supreme Court decision in Maui.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    McDonalds Won't Be Serving Utah Prairie Dog Burgers Any Time Soon

    On Wednesday, the 10th Circuit Court of Appeals held that regulation of takes of the Utah prairie dog, a purely intrastate species, does not violate the Constitution.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Montana Protects A Constitutional Right To A Stable Climate: Will Any Other States Follow Suit?

    Earlier this week, the Montana Supreme Court affirmed a lower court ruling in favor of plaintiffs in a climate case based on certain provisions of the Montana constitution. Specifically, the court ruled that...
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    More On Back-Up Generators: NESCAUM Raises Concerns

    For those of you following EPA’s proposal to allow increased use of backup generators used in demand response programs, NESCAUM has now joined the fray.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    More Than Five Years Later, The Bush Administration Is Still Losing Environmental Cases

    I previously noted that the record of the Bush administration in defending its rulemaking decisions was dangerously near the Mendoza Line.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Musings On Another Snowy Morning While Waiting For The Redline In Boston

    Climate change over the coming years is likely to test and ultimately expose the fundamental inadequacy of much of the infrastructure built to support modern societies.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    No Arranger Liability For Sale Of A New Hazardous Substance

    Relying on the 2009 Supreme Court decision in Burlington Northern, the Fifth Circuit recently overtuned a CERCLA liability finding against a supplier of perchloroethylene.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Not Quite The Same As Making Mexico Pay For The Wall

    As the New York Times has documented, President Trump stated numerous times that Mexico would pay for the border wall.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Of Texans And Light Bulbs. And Unconstitutional Laws

    What is it with Texans and light bulbs lately? The gradual increase in energy efficiency requirements of light bulbs required under the Energy Independence and Security Act of 2007 survived Congressman Joe Barton’s (R-Texas) challenge last week when the Better Use of Light Bulbs (BULB) Act, which would have repealed the standards, failed to pass the House by a vote of 233-193.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    OMB Proposes To Revise Circular A-4; This Is Not Trivial

    On Thursday, the Office of Management and Budget released proposed revisions to "Circular A-4". It also released a separate preamble, explaining its thinking and asking for comment on certain identified issues.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    OMB Reports That The Benefits Of Regulation Exceed The Costs. The President Knows That Can't Be Right

    Late last month, to no fanfare whatsoever, OMB released its annual report on the costs and benefits of federal regulations. There's a reason that the Administration did not give the report any attention.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    One Small Step For Regulatory Coordination: EPA Incorporates The Transport Rule Into The Regional Haze Rule

    On May 30, EPA issued a final rule as part of its regional haze program.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
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