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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.

EPA Still Has Authority to Regulate in the Face of Uncertainty
Blog August 28, 2026
Last week, in Chamber of Commerce v. EPA, the D.C. Circuit Court of Appeals rejected challenges to EPA’s decision to list PFOA and PFOS, the two most prominent PFAS compounds, as hazardous substances under CERCLA…
EPA Proposes to Revisit PFAS Drinking Water Rules
Blog May 19, 2026
On May 18, 2026, EPA proposed two significant changes to the federal drinking water regulations for PFAS (per- and polyfluoroalkyl substances), commonly known as “forever chemicals.”…
The 9th Circuit Affirms Dismissal in G.B. v. EPA; Is It the End (for now) For Citizens' Climate Litigation?
Blog April 30, 2026
Earlier this month, the 9th Circuit Court of Appeals affirmed dismissal of plaintiffs’ claims in G.B. v. EPA, another of the children’s climate cases…
Court Annuls New York’s Wetlands Regulations for Failure to Comply with SEQRA
Blog April 14, 2026
On April 8, 2026, Albany County Supreme Court Justice Richard M. Platkin made a splash when he annulled 6 NYCRR Part 664 – New York State’s wetlands permitting regulations promulgated under the 2022 adoption of amendments to New York State Environmental Conservation Law Article 24, the Freshwater Wetlands Act – in its entirety for noncompliance with the State Environmental Quality Review Act (“SEQRA”)…
How MassDEP’s Proposed Noise Policy Update Could Affect Renewable Energy Developers
Blog March 04, 2026
The Massachusetts Department of Environmental Protection (MassDEP) is poised to revise its Noise Policy for the first time since the Policy’s adoption in 1990…
There's No Such Thing as "Cost" analysis or "Benefit" analysis; There's Only Cost-Benefit Analysis
Blog January 14, 2026
Earlier this week, the New York Times reported that the Trump administration plans to stop assigning dollar values to the human health benefits resulting from the imposition of national ambient air quality standards…
Wading Into New York’s 2025 NYS Wetlands Permitting Changes
Blog October 30, 2025
Over the last year, the New York State (“NYS”) wetlands permitting and statutory regime has been flooded with activity as the impacts of the 2022 statutory amendments ripple outward…
The Prospects For Climate Change Litigation Against the United States Government Continue to Dim
Blog October 21, 2025
Last year, when the Ninth Circuit Court of Appeals granted a mandamus petition and ordered that the complaint in Juliana v. United States be dismissed for the second time, I acknowledged that I had become more skeptical about the prospects for citizens’ climate litigation…
EPA Extends Deadlines for Compliance with Coal Ash Rules
Blog July 25, 2025
On July 17, 2025, the U.S. Environmental Protection Agency (“EPA”) announced a direct final rule and companion proposal extending several compliance deadlines related to coal combustion residuals (“CCR”)…
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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.