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Law and the Environment

Our blog provides perspective on developments in environmental law and policy - which developments may matter to you, and how and why they matter. Whether you are a manufacturer or a power plant developer, a renewable energy developer or hoping to be a renewable energy consumer, this blog offers commentary on current issues that are important to your business.

In the Void Left by Congress's Failure to Address Plastic Pollution, More Litigation Such as This Is Inevitable
Blog November 04, 2024
Last November, I posted about litigation filed by New York State Attorney General Letitia James, asserting public nuisance and other claims against PepsiCo with respect to contamination of the Buffalo River. At the time, I questioned whether litigation was really the appropriate way to solve the problem of plastic pollution…
How Will the Election Results Affect the Supreme Court (If At All!)?
Blog November 01, 2024
As the election approaches, lawyers, clients, and those who don’t have enough to do are beginning to speculate about what the election might mean for the Supreme Court…
Each Federal Agency Should Use Its Judgment in Determining the Social Cost of Carbon — How’s That Going to Work Out?
Blog January 26, 2024
Late last month, the Interagency Working Group on Social Cost of Greenhouse Gases quietly released a three-paragraph memo on how agencies should determine the social cost of greenhouse gas emissions. I hesitate to call it “guidance.”…
Is Litigation the Solution to Plastic Pollution?
Blog November 17, 2023
Earlier this week, New York State Attorney General Letitia James filed suit against PepsiCo.  At the core of the case are allegations that PepsiCo.'s widespread use of single-use plastics has created or contributed to a public nuisance in the Buffalo River.  I don't doubt that plastic-related conditions in the Buffalo River constitute a public nuisance.  Without diving into the facts, it seems totally plausible…
Montana Youth Plaintiffs Prevail:  One-Off or Tidal Wave?
Blog August 15, 2023
Yesterday, the plaintiffs prevailed in the Montana climate litigation.  Time will tell whether the decision will end up being seen as a watershed moment or just a blip.  In trying to answer that question, it does seem worth briefly reviewing what the case was actually about and what the decision says.  First, it's important to acknowledge that the decision's formal reach is limited…
Massachusetts’ New Attorney General – A Look Back and a Look at the Year Ahead
Blog June 28, 2023
The Wharf District Council recently released its “District Protection and Resiliency Plan.”  My immediate reaction is just a quiet OMG regarding the size of the task.  Of course, that's no excuse for inaction and I found the plan to be quite compelling.  The Wharf District runs from Christopher Columbus Park to the Congress Street bridge.  Its landward boundary is basically Congress Street…
Everything Is Connected  For Better or For Worse
Blog June 08, 2023
Greenwire (subscription required) reported yesterday that more than 150 wildfires in Quebec have blanketed large swaths of the United States with unhealthy levels of particulate matter.  Indeed, as of 9:00 AM on Thursday, June 8, New York City has the worst air quality of any metropolitan area in the world.  Some businesses are advising workers to stay home.  Scientists are generally in agreement that climate change has increased the frequency and intensity of wildfires…
Inflation Reduction Act Aims to Propel EV and Clean Fuel Vehicle Adoption
Blog August 09, 2022
The Inflation Reduction Act looks to accelerate the adoption of clean vehicles by reforming the related tax credits in a number of key ways.  Specifically, the bill does the following. Eliminates the 200,000 clean vehicles sold quota per manufacturer. Previously, Tesla, GM, and Toyota were all over the 200,000 vehicle threshold and thus ineligible for the tax credit. Preserves the existing up to $7,500 tax credit for new qualified vehicles including electric…
Celebrating World Ocean Day
Blog June 08, 2022
The ocean covers 71% of the planet and holds nearly 97% of the Earth's water, and about 40% of the world's population lives within 100 kilometers of the coastline. As reported in the Intergovernmental Panel on Climate Change's (IPCC) Special Report on the Ocean and Cryosphere in a Changing Climate, “[t]he ocean is essential for all aspects of human well-being and livelihood” and ocean warming…
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ABOUT

In today’s fast changing world, almost all of us get our news – including our news about developments in environmental law and policy – electronically. This blog is not intended to be a substitute for the BNA™, or Greenwire™, or Google™, although we do hope that we will be able on occasion to let you know about issues that haven’t yet come to your attention.

What we really want to accomplish is to be able to provide some perspective on those developments. We’ll try to tell you which developments may matter to you. And why they matter. And how they matter. Whether you are a manufacturer or a power plant developer, whether you are a renewable energy developer or hoping to be a renewable energy consumer, whether you are a municipality or public agency or university, we want to comment on current issues in a way that is useful to you in your business.

Frankly, this blog also provides us with the opportunity to introduce you to Foley Hoag’s Environmental Practice Group. Our practice has been New England’s preeminent environmental practice for the past twenty years. We have the depth and capacity to handle the wide array of environmental issues that can arise in the course of your business. We will work with you to resolve any environmental issues that must be addressed in order for you to achieve your business goals – from permitting new projects to cost-effective cleanup of urban Brownfields properties to implementation of cost-effective due diligence in the support of acquisitions to navigating the emerging world of climate change regulations.

We will also assist you in the defense and prosecution of environmental litigation. As a result of our service to our clients, we have attained a national reputation in environmental matters. Our lawyers have built an impressive record resolving environmental disputes at the negotiating table and in the courtroom, and a number of our cases have produced precedents of national importance.

The scope of this blog will be commensurate with the scope of our practice. We’ll cover climate change, renewable energy, hazardous and solid waste, clean air and water, sustainability and green design. You name it, if it’s got an acronym attached to it, we’ll cover it.

As the headline indicates, we want to inform, update, comment, and discuss. In other words, while we’re going to enjoy posting, we’ll enjoy the blog more – and its usefulness will increase – if we hear from you also. Please comment on the blog entries. Let us know about developments we missed or implications of our discussions that we did not consider.

We look forward to the conversation.