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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.

SPEED Act Passes House: Streamlining NEPA, Tightening Timelines, and Reframing Litigation
Blog January 05, 2026
The House of Representatives has passed the Standardizing Permitting and Expediting Economic Development Act (the “SPEED Act,” H.R. 4776), which now moves to the Senate…
Recent Federal Developments for Advanced Nuclear Technologies
Blog May 07, 2025
The new administration has repeatedly expressed its staunch support for nuclear energy. President Trump’s first-day executive order “Unleashing American Energy” specifically encouraged the development of nuclear energy resources…
Montana Protects a Constitutional Right to a Stable Climate:  Will Any Other States Follow Suit?
Blog December 19, 2024
The Montana Supreme Court affirmed a lower court ruling in favor of plaintiffs in a climate case based on certain provisions of the Montana constitution…
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…
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.”…
Biden Expands Consideration of Social Cost of Carbon by Federal Agencies
Blog September 22, 2023
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…
Does EPA Have Authority to Promulgate Cumulative Risk Assessment Guidance?
Blog September 18, 2023
Last week, Inside EPA (subscription required) reported that the Texas Commission on Environmental Quality has basically informed EPA that EPA may not promulgate guidance on cumulative risk assessments because of questions about its legal authority to require CRAs.  If EPA plans to interpret such environmental regulations as providing EPA with the authority to require that states consider CRAs in its decision making, including CRAs that may include nonchemical stressors…
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…
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…
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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.