Seth Jaffe
Blogger at Law and the Environment Blog
Contributor at Freelance
Partner at @FoleyHoag with emphasis on environmental compliance and litigation. Co-author of the firm’s Law and the Environment blog
Articles
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2 days ago |
mondaq.com | Seth Jaffe
Last week, Vermont became the first state to enact a "Climate Superfund" law. As I noted in January, I fear that this willnot end well. It seems odd to model a statute on a law frequentlygiven the accolade – deserved, in my view – of the worst statute ever written. Moreover, theVermont Climate Superfund Act does not seem to reflect any effortto address any of the flaws in the original Superfund law.
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1 week ago |
mondaq.com | Seth Jaffe
Today, in SEC v. Jarkesy, the Supreme Courtruled that the defendants in a securities fraud case brought by theSEC were entitled to have the SEC's claims for civil penaltiesdecided by a jury. The question now is how broadly the opinion willbe applied. Because the court's jurisprudence in this area iscomplicated, not to say incomprehensible, there remains significantroom for speculation. In 1977, in Atlas Roofing v.
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1 week ago |
mondaq.com | Joshua Rosen |Basil Seggos |Seth Jaffe
On April 8, the White House issued an Executive Order aimed at"Protecting American Energy from StateOverreach." While the direct effects from this ExecutiveOrder are hard to assess, the Trump Administration clearly intendsto pursue action against or try to intimidate states that havepassed energy and climate-related laws and regulations, such ascarbon cap-and-trade laws, environmental justice laws, or lawsaimed at reducing greenhouse gas emissions from the energy sector.
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1 week ago |
jdsupra.com | Seth Jaffe |Joshua Rosen |Basil Seggos
On April 8, the White House issued an Executive Order aimed at “Protecting American Energy from State Overreach.” While the direct effects from this Executive Order are hard to assess, the Trump Administration clearly intends to pursue action against or try to intimidate states that have passed energy and climate-related laws and regulations, such as carbon cap-and-trade laws, environmental justice laws, or laws aimed at reducing greenhouse gas emissions from the energy sector.
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1 week ago |
mondaq.com | Seth Jaffe
Greenwire (subscription required) had an article yesterday withthe breathless headline "Post-Chevron era testscourts' readiness to tackle science." The article notedthat, in the recent Supreme Court decision in Ohio v. EPA, Justice Gorsuch'smajority opinion confused nitrous oxide with nitrogen oxides, usingthe justice's confusion to question whether, post-Chevron, judges have the scientificchops to wade into the complicated scientific waters that will benecessary in a post-Chevron world.
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A proposed rule issued on Apr. 17, 2025 by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service would rescind the regulatory definition of “harm” under the Endangered Species Act. The comment period ends on May 19, 2025. https://t.co/FKCgxCd5gW
In an Apr. 21, 2025 Harvard Kennedy School Energy Policy Seminar, Basil Seggos will explore the question: can state leaders re-emerge as a bulwark on environmental protection amidst an unprecedented attack from the Trump administration? https://t.co/SRaKHrlDnf
Josh Rosen is attending the 2025 NECA Environmental Conference, Getting to Net Zero: Tools, Resources & Strategies, which will will bring together industry experts to discuss what their organizations are doing to meet Net Zero goals. https://t.co/sk2TLQw9W8