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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.

EPA Proposes to Revisit PFAS Drinking Water Rules
Blog May 19, 2026
On May 18, 2026, EPA proposed two significant changes to the federal drinking water regulations for PFAS (per- and polyfluoroalkyl substances), commonly known as “forever chemicals.”…
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…
A Challenge to the Constitution for the Ocean? Understanding Trump’s Deep Sea Mining Executive Order
Blog May 29, 2025
On April 24, 2025, President Trump signed a far-reaching executive order aimed at accelerating the development of deep-sea mining for critical minerals beneath both United States and international waters…
Post-Sackett, Who Will Speak for the Clean Water Act?
Blog December 29, 2023
Earlier this month, in Lewis v. United States the 5th Circuit issued a decision interpreting the Supreme Court's decision in Sackett v. EPA.  The 5th Circuit decision is a model of clarity and demonstrates what I'll call the good side of Sackett.  And clarity is definitely the right word here.  One might say clarity is the holy grail that critics of EPA's and the Corps' efforts to interpret WOTUS have focused on…
More Litigation Concerning Plastic Pollution:  Can Claims Be Both Novel and Traditional at the Same Time?
Blog December 20, 2023
Last month, I advised plastics manufacturers to prepare for more litigation.  Although I am generally loath to speculate, it already looks as though this prediction is coming true.  Earlier this month, PennEnvironment and Three Rivers Waterkeeper filed suit against BVPV Styrenics and its parent company.  BVPV manufactures expandable polystyrene at its facility in Monaca, Pennsylvania.  The complaint alleges a number of violations of the Clean Water Act…
EPA Must Consult With Other Agencies Before Issuing Water Quality Criteria: Is This an Example of Congressional Use of Behavioral Economics?
Blog September 05, 2023
Last month, Judge John Hunderaker held that the Endangered Species Act requires EPA to consult with the Fish and Wildlife Service and the National Marine Fisheries Service before issuing recommended water quality criteria.  He also vacated EPA's 2016 chronic freshwater criterion for cadmium.  The case is potentially important for a number of reasons.  First, it's a thorough analysis of standing in cases where the plaintiffs claim a procedural injury – here…
Does EPA Have Authority to Include Narrative Criteria in NPDES Permits?  Yes, For Now.
Blog August 02, 2023
Earlier this week, the 9th Circuit Court of Appeals affirmed EPA's NPDES permit issued to San Francisco's Oceanside sewer system.  San Francisco had challenged the permit on the ground that EPA does not have authority to impose narrative prohibitions related to compliance with water quality criteria.  Here is the primary section subject to challenge:  Discharge shall not cause or contribute to a violation of any applicable water quality standard for receiving waters adopted by the……
Massachusetts’ New Attorney General – A Look Back and a Look at the Year Ahead
Blog June 28, 2023
The Wharf District Council recently released its “District Protection and Resiliency Plan.”  My immediate reaction is just a quiet OMG regarding the size of the task.  Of course, that's no excuse for inaction and I found the plan to be quite compelling.  The Wharf District runs from Christopher Columbus Park to the Congress Street bridge.  Its landward boundary is basically Congress Street…
Supreme Court Curtails Federal Wetlands Protections; Developers Still Must Consider State and Local Wetlands Laws
Blog May 31, 2023
On May 25, 2023, the Supreme Court issued its long-awaited decision in Sackett v. Environmental Protection Agency, which significantly narrowed the Clean Water Act's (“CWA”) test for determining whether wetlands are protected “waters of the United States” and the federal permitting requirements for development projects in covered wetlands areas. The Court's Ruling The Supreme Court's ruling has two basic parts: It adopts Justice Scalia's plurality opinion in Rapanos v…
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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.