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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.

The 9th Circuit Affirms Dismissal in G.B. v. EPA; Is It the End (for now) For Citizens' Climate Litigation?
Blog April 30, 2026
The 9th Circuit Affirms Dismissal in G.B. v. EPA; Is It the End (for now) For Citizens' Climate Litigation?
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…
There's No Such Thing as "Cost" analysis or "Benefit" analysis; There's Only Cost-Benefit Analysis
Blog January 14, 2026
There's No Such Thing as "Cost" Analysis or "Benefit" Analysis; There's Only Cost-Benefit Analysis
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…
It's Past Time to Replace Lead Pipes! It's Time to Figure Out What to Replace Them With
Blog October 21, 2024
It's Past Time to Replace Lead Pipes! It's Time to Figure Out What to Replace Them With
According to a story in Inside EPA last week, EPA’s promulgation on October 8, 2024, of its “2024 Lead and Copper Rule Improvements” has already led to disputes among stakeholders regarding what should replace lead pipes…
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
Each Federal Agency Should Use Its Judgment in Determining the Social Cost of Carbon — How’s That Going to Work Out?
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.”…
Biden Expands Consideration of Social Cost of Carbon by Federal Agencies
Blog September 22, 2023
Biden Expands Consideration of Social Cost of Carbon by Federal Agencies
On September 21, 2023, the Biden administration outlined plans to expand federal agencies' consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon dioxide emitted to the atmosphere. This announcement tilts the balance of cost-benefit analyses in favor of activities that reduce greenhouse gas emissions, and it could have widespread effects for entities that receive federal funding or are subject to federal regulation…
The Social Cost of Greenhouse Gases Is Increasing But Is Uncertainty Over the Measurement of Climate Impacts Artificially Depressing the Number?
Blog July 17, 2023
The Social Cost of Greenhouse Gases Is Increasing But Is Uncertainty Over the Measurement of Climate Impacts Artificially Depressing the Number?
Yesterday, Climatewire (subscription required) released a peer review letter on EPA's Social Cost of Greenhouse Gases (SC-GHG), which got a fair bit of press last year, because EPA's metric was $190/ton, even though the Biden administration was using the $51/ton figure originally developed by the Obama administration.  The peer reviewers' views can be distilled down to two major points: It's a really solid piece of work that provide a solid technical foundation for the SC-GHG…
OMB Proposes to Revise Circular A-4; This is Not Trivial
Blog April 07, 2023
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. Circular A-4 is almost certainly the most important document that most people have never heard of, since it governs how federal agencies conduct cost-benefit analysis of potential federal actions.  The proposal is not a massive rewrite of Circular A-4…
Red States Still Have Nothing to Complain About Regarding the Social Cost of Carbon
Blog April 05, 2023
Red States Still Have Nothing to Complain About Regarding the Social Cost of Carbon
Today, the 5th Circuit Court of Appeals dismissed for lack of standing claims by a number of states challenging the Biden Administration's Interim Estimates of the Social Cost of Carbon.  The Court had telegraphed this outcome last spring when it vacated a District Court injunction against use of the Interim Estimates, noting that: The Government Defendants are likely to succeed on the merits because the Plaintiff States lack standing…
Can Cumulative Impact Analysis Improve Cost-Benefit Analysis?
Blog October 19, 2022
Can Cumulative Impact Analysis Improve Cost-Benefit Analysis?
As frequent readers know, I am a big fan of cost-benefit analysis.  The basic idea is that, when we make a decision to regulate at a certain level, we are by definition deciding that regulating to that level is “worth” the costs that the regulation will impose.  We might as well make such calculations explicitly.  However, that doesn't mean that CBA cannot consider the distributional impacts of federal regulations…
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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.

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