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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.

An Impoundment By Any Other Name
Blog January 29, 2025
A Monday night memorandum issued by the Office of Management and Budget (“OMB”) ordered federal agencies to “temporarily pause” all federal funding and other agency activities that “may be implicated by” the slew of executive orders Trump issued last week…
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 Environmental Review of Projects Needed for a Net-Zero Economy Lead to a Death By a Thousand Cuts?
Blog February 08, 2023
Earlier this week, the decision in Bartell Ranch v. McCullough generally supported the Bureau of Land Management's review under NEPA and related statutes of a lithium mine near Thacker Pass, Nevada.  If approved, Thacker Pass would be the largest lithium mine in the United States.  The decision and the entire review of the mine are important, given how controversial large mining projects can be and how important lithium and other minerals are to building a zero-emission economy…
Accelerating Electric Vehicle Adoption in 2022
Blog January 24, 2023
This past year represents a real turning point in the transition to electric vehicles, demonstrated by new major incentives and regulatory activities at both federal and state government levels and several notable accomplishments in the private sector. First, the U.S. government approved EV Infrastructure Deployment Plans for all 50 states, the District of Columbia and Puerto Rico with an estimated $4.155 billion in funding going to states in the next five years to build out EV……
The Broken Record Department:  PM2.5 Is Bad For Your Health (and EVs can help)
Blog November 11, 2022
I've written before about the developing science regarding the impacts of PM2.5 emissions.  Short version – they're bad for you.  They're even worse than we thought, and there's increasing evidence that they cause a lot of harm at concentrations below the National Ambient Air Quality Standard of 12 ug/m3.  The most recent report comes from Canada, which is particularly useful in measuring the impact of low concentrations of PM2.5 precisely because PM2.5 concentrations are relatively low……
Biden Announces New Initiative on “Game-Changing” Technologies for Achieving Net-Zero Emissions
Blog November 07, 2022
On November 4, 2022, the White House announced a new initiative to support research and development projects on 37 “game-changing” technologies to advance the Biden Administration's goal of net-zero emissions by 2050. Led by an interagency working group, the “Net-Zero Game Changers Initiative” will direct billions of dollars under the bipartisan infrastructure law, the CHIPS and Science Act, and the Inflation Reduction Act toward five initial priorities: Efficient Building Heating and……
Massachusetts Clean Energy Bill Turbocharges the Adoption of Zero Emission Vehicles and Clean Transportation
Blog August 11, 2022
Based on numerous sources, Governor Baker has now signed an Act Driving Clean Energy and Offshore Wind.  This bill includes a number of key advancements for increased adoption of zero emission vehicles and clean transportation throughout the Commonwealth.  The law: Outlaws the sale of internal combustion vehicles by any dealership after January 1, 2035 by making it an unfair or deceptive act or practice under Chapter 93A…
Inflation Reduction Act Aims to Propel EV and Clean Fuel Vehicle Adoption
Blog August 09, 2022
The Inflation Reduction Act looks to accelerate the adoption of clean vehicles by reforming the related tax credits in a number of key ways.  Specifically, the bill does the following. Eliminates the 200,000 clean vehicles sold quota per manufacturer. Previously, Tesla, GM, and Toyota were all over the 200,000 vehicle threshold and thus ineligible for the tax credit. Preserves the existing up to $7,500 tax credit for new qualified vehicles including electric…
Wondering How States Will Respond to West Virginia v. EPA?  Massachusetts Provides An Early Answer
Blog July 05, 2022
Those wondering what states can do to at least partially ameliorate the impacts of West Virginia v. EPA need look no farther than Massachusetts, which issued its Clean Energy and Climate Plan for 2025 and 2030 the same day that the Supreme Court extended its crusade against the modern world by limiting EPA's authority to regulate in the absence of a clear delegation by Congress. First…
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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.