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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 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”)…
We’re From the Government and We’re Here to Help You; NPDES Permit Flexibility Edition
Blog September 19, 2024
Inside EPA reported this week that a group of Democratic state attorneys general have filed an amicus brief supporting EPA’s appeal of a 9th Circuit Court of Appeals decision holding that EPA had authority to include in NPDES permits “narrative prohibitions on discharges that cause or contribute to violations of applicable water quality standards."…
After Jarkesy, What Happens to EPA's Authority to Collect Administrative Civil Penalties?
Blog June 27, 2024
Today, in SEC v. Jarkesy, the Supreme Court ruled that the defendants in a securities fraud case brought by the SEC were entitled to have the SEC’s claims for civil penalties decided by a jury. The question now is how broadly the opinion will be applied. Because the court’s jurisprudence in this area is complicated, not to say incomprehensible, there remains significant room for speculation…
Superfund Is Short of Money. Can It Be Fixed By Tinkering Around the Edges?
Blog March 28, 2024
This week, Inside EPA ran a story indicating that EPA is trying to figure out how to juggle some increasingly expensive cleanups with shortfalls in Superfund tax revenue. The story notes that EPA is adding expensive new sites to the National Priorities List, while also anticipating new costs resulting from PFAS regulation and more stringent lead cleanup levels…
Update on RGGI in Pennsylvania
Blog March 26, 2024
In 2022, Pennsylvania became the 12th member of the Regional Greenhouse Gas Initiative. Pennsylvania joined RGGI pursuant to a 2019 executive order and a subsequent rulemaking promulgated by the state’s Department of Environmental Protection and Environmental Quality Board. Later that year, various parties—including power producers, coal mine owners, and labor unions—filed a lawsuit in the state’s Commonwealth Court alleging that Pennsylvania’s participation in RGGI was unconstitutional…
More Litigation Concerning Plastic Pollution:  Can Claims Be Both Novel and Traditional at the Same Time?
Blog December 20, 2023
Last month, I advised plastics manufacturers to prepare for more litigation.  Although I am generally loath to speculate, it already looks as though this prediction is coming true.  Earlier this month, PennEnvironment and Three Rivers Waterkeeper filed suit against BVPV Styrenics and its parent company.  BVPV manufactures expandable polystyrene at its facility in Monaca, Pennsylvania.  The complaint alleges a number of violations of the Clean Water Act…
News Flash!  International Cooperation on the Environment Remains Possible
Blog January 09, 2023
In these times of much woe, it's always noteworthy when the mainstream media reports good news.  Especially when it's good news about effective international cooperation on environmental protection issues.  Today, the New York Times reported that a recent assessment shows that the world is on track to reach pre-1980 levels of upper atmosphere ozone by roughly 2040.  That is in spite of the discovery in 2018 of “rogue” use of chlorofluorocarbons…
CERCLA Has Never Been a "Polluter Pays" Statute
Blog November 17, 2022
Environment and Energy Report (subscription required) had a story today about growing opposition to EPA's proposal to list two PFAS compounds, PFOA and PFOS, as hazardous substances under CERCLA.  Here's what really caught my eye about the opposition.  The National Association of Clean Water Agencies opposes the proposal.  They think it inconsistent with EPA's historical implementation of CERCLA: EPA's proposed designations…
Sometimes the Law Really Is Unambiguous - Clean Water Act Edition
Blog May 03, 2022
Last week, the First Circuit Court of Appeals ruled that a person who enters into an administrative settlement with a state is immune from citizen suits seeking civil penalties, but not immune from suits for declaratory or injunctive relief.  I don't think that the decision would even have been newsworthy, if it hadn't required that the Court overrule its 1991 decision in North and South Rivers Watershed Ass'n v…
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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.