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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.

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…
RGGI Third Program Review Concludes: New Model Rule and Strengthened Emission Caps Unveiled Amid Federal Scrutiny
Blog July 22, 2025
Earlier this month, the Regional Greenhouse Gas Initiative (RGGI) announced the completion of the RGGI Third Program Review, which resulted in several major changes to the RGGI Model Rule that will shape the program through 2037…
BLM Approves the TransWest Express Transmission Project; This Is Good News and We Need More of It
Blog April 12, 2023
Yesterday, the Bureau of Land Management announced that it has given final approval to the TransWest Express transmission line, a 732-mile project that will move electricity from a large wind farm in Wyoming to an interconnection point near Las Vegas.  Most of the electrons will ultimately provide power to California.  According to EnergyWire (subscription required), the notice to proceed was issued a mere 18 years after the project was first initiated…
The D.C. Circuit Again Requires FERC to Consider the Environmental Impacts of Downstream Use of Gas: How Big a Deal Is It?
Blog March 16, 2022
Last week, the District of Columbia Court of Appeals again rejected a FERC NEPA review for failure to assess the climate impacts resulting from the downstream use of natural gas supplied by a gas pipeline upgrade project approved by FERC.  The Court found that FERC was too quick to conclude that those downstream impacts could not reasonably be evaluated. How big a deal is this?…
FERC Cannot Avoid the Social Cost of Carbon By Arguing That It is Not Universally Accepted
Blog August 05, 2021
On August 3, the District of Columbia Court of Appeals held that FERC could not avoid use of the social cost of carbon in assessing the impacts of natural gas projects by arguing that “there is no universally accepted methodology.”  Given the growing recognition of the significant role FERC is going to have in combatting climate change, it's an important decision.  FERC acknowledged that construction and operation of the projects under review would “contribute incrementally to future……
States Really, Really, Must Act on Water Quality Certification Applications Within One Year
Blog March 30, 2021
The saga of judicial efforts to enforce the one-year limit on state review of applications for water quality certifications under Section 401 of the Clean Water Act shows no sign of reaching a conclusion. First, in Hoopa Valley Tribe v. FERC, the D.C. Circuit held that an agreement between the applicant and the state pursuant to which the applicant repeatedly withdrew and resubmitted its 401 application could not escape the statutory time limit on state review…
Massachusetts Starts 2021 With a Bang on Climate
Blog January 04, 2021
Over the past four years, while the Trump Administration did everything possible to ignore climate change, optimists continued to find progress at the state level.  And while President-elect Biden has put together an A-team on climate, Massachusetts, at least, seems determined to show that the states will continue to lead – even if they now have a partner at the federal level. Two weeks ago…
Massachusetts Releases Its 2050 Decarbonization Roadmap - It's Going to Be Quite a Trip
Blog December 31, 2020
Yesterday, Massachusetts released its “2050 Decarbonization Roadmap.”  I'm tempted to call it a tour de force.  At the very least, it's jam-packed with important issues.  One of the most valuable aspects of the Roadmap is its discussion of the potential tradeoffs among the different paths towards a decarbonized economy.  Acknowledging that the Roadmap contains much more good stuff than can be summarized in a single post…
Its the Energy Markets, Stupid (And Energy Markets Are Complex)
Blog March 11, 2020
This week, the Massachusetts Attorney General's office released a white paper documenting the results of a symposium convened last fall to discuss how electric markets should be organized to manage the transition to a “low / no-carbon future.”  Policy wonks, such as myself, will find it fascinating reading, though it is moderately dense stuff. Seriously, it is important to acknowledge that these issues are as complex as they are important…
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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.