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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.

Trump Administration Sues Four States to Block Climate Superfund Legislation and Climate Deception Litigation
Blog May 09, 2025
As we have noted previously, a number of states have enacted legislation and/or brought claims against fossil fuel producers seeking payment for damages resulting from climate change…
Trump Executive Order Targets State Climate Laws—and RGGI?
Blog April 15, 2025
On April 8, the White House issued an Executive Order aimed at “Protecting American Energy from State Overreach.”…
New York’s Climate Superfund Act Forces Polluters to Fund State Climate Adaptation Projects
Blog January 09, 2025
On December 26, 2024, New York Governor Kathy Hochul signed into law the “Climate Change Superfund Act," which seeks to impose retroactive fees on fossil fuel producers for their disproportionately large contributions to negative climate change impacts…
Massachusetts Launches Cumulative Impact Analysis Regulations for Air Quality Permits Near Environmental Justice Populations
Blog April 05, 2024
Massachusetts has become the first state to require analysis of cumulative impacts for certain air quality permits in or near communities with environmental justice populations. On March 29, 2024, the Massachusetts Department of Environmental Protection released highly anticipated amendments to its air pollution regulations as required by the environmental justice provisions of the 2021 Climate Roadmap Act…
New Report Details Massachusetts Whole-of-Government Approach to Climate Crisis
Blog October 26, 2023
Yesterday, Massachusetts Climate Chief Melissa Hoffer issued a report detailing how “to implement the Healey-Driscoll Administration's whole-of-government approach to addressing the climate crisis.” The report identifies trends, barriers, and gaps in Massachusetts climate policy, establishes guiding principles for whole-of-government climate action, and offers recommendations to strengthen the “climate-related practices and policies of executive department agencies.” The recommendations……
Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews
Blog August 02, 2023
On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal projects…
The EJ Movement Wants to Tighten the NAAQS.  Will It Happen?
Blog August 01, 2023
The White House Environmental Justice Advisory Council recently weighed in on EPA's decision whether to lower the National Ambient Air Quality Standards for PM2.5 and ozone.  Specifically, with respect to PM2.5, WHEJAC recommended that the annual primary standard be lowered to 8.0 ug/m3 and the annual daily standard be lowered to 25.0 ug/m3.  Both recommendations are lower than what EPA has proposed. With respect to the ozone NAAQS…
MassDEP Proposes Cumulative Impact Analysis Regulations - Its About to Get Interesting.
Blog January 05, 2023
After more than a year of work, MassDEP has proposed regulations that would require applicants to perform cumulative impact analysis prior to issuance of certain air emissions permits.  The regulations were required by the environmental justice provisions of the 2021 Climate Roadmap Act. The requirement to perform a CIA will apply to any person seeking a comprehensive plan approval in or within one mile of any environmental justice community as well as to any project requiring a……
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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.