Law and the Environment Blog

Law and the Environment Blog

In our rapidly evolving world, most people receive their news, including updates on environmental law and policy, through digital channels. This blog isn’t meant to replace resources like BNA™, Greenwire™, or Google™, but we hope to share insights on topics that might not yet be on your radar. Our primary goal is to offer valuable insights into these developments. We aim to highlight which changes could impact you, explain their significance, and clarify their implications. Whether you work in manufacturing, are developing a power plant, pursuing renewable energy, or are part of a municipality, public agency, or university, we strive to discuss current issues in a way that's relevant to your interests. Additionally, this blog serves as a platform to showcase Foley Hoag’s Environmental Practice Group. For the past two decades, we have been recognized as the leading environmental practice in New England. We possess the expertise and resources to manage a wide range of environmental challenges that may arise in your business. Our team is dedicated to helping you navigate environmental issues to achieve your business objectives, from securing permits for new projects to effectively cleaning up urban Brownfields, ensuring thorough due diligence for acquisitions, and adapting to the evolving landscape of climate change regulations.

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  • Apr 10, 2024 | lawandenvironment.com | Seth Jaffe

    On Tuesday, in Ohio v. EPA, the D.C. Circuit Court of Appeals denied several challenges to EPA’s decision to restore California’s authority under § 209(b) of the Clean Air Act to regulate emissions from motor vehicles. It’s definitely a win for EPA. And while I’m leery of my ability to predict what this Supreme Court will do, if I had to guess, I’d say that even this SCOTUS will affirm EPA’s authority.

  • Mar 28, 2024 | lawandenvironment.com | Seth Jaffe

    This week, Inside EPA (subscription required) ran a story indicating that EPA is trying to figure out how to juggle some increasingly expensive cleanups with shortfalls in Superfund tax revenue. The story notes that EPA is adding expensive new sites to the National Priorities List, while also anticipating new costs resulting from PFAS regulation and more stringent lead cleanup levels. Can we just face facts and acknowledge that Superfund as presently constituted simply doesn’t work?

  • Mar 26, 2024 | lawandenvironment.com | Joshua Rosen

    In 2022, Pennsylvania became the 12th member of the Regional Greenhouse Gas Initiative (“RGGI”). Pennsylvania joined RGGI pursuant to a 2019 executive order and a subsequent rulemaking promulgated by the state’s Department of Environmental Protection (“DEP”) and Environmental Quality Board (“EQB”).

  • Mar 9, 2024 | lawandenvironment.com | Seth Jaffe

    Earlier this month, the District of Columbia Court of Appeals vacated most of EPA’s startup, shutdown, and malfunction SIP Call.

  • Mar 5, 2024 | lawandenvironment.com | Seth Jaffe

    Last week, in Bristol Asphalt v. Rochester Bituminous Products, the SJC jettisoned two prior decisions and revised its directions to lower courts regarding how to handle “special motions to dismiss” under Massachusetts’ so-called “Anti-SLAPP” statute. If you don’t know what SLAPP stands for, you can just stop reading now. The purpose of the Anti-SLAPP statute is, in brief, to prevent large corporations from stifling petitioning activities by citizen groups.

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