Searching Content indexed under Waste Management by Foley Hoag LLP ordered by Published Date Descending.
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Reason Number 42,659 For Putting A Price On Carbon
I don't work in the oil and gas industry. This lede from Bloomberg Environment (subscription required) may not be news to anyone in the industry, but it absolutely blew me away:
United States
30 Apr 2019
Disposing Of Coal Combustion Residuals Just Got Much More Expensive — At Least In North Carolina!
On Monday, the North Carolina Department of Environmental Quality issued determinations with respect to six Duke Energy coal plants.
United States
16 Apr 2019
Bad Superfund Judging — Like, Saints/Rams Bad
I hold the attorneys for the State of Ohio responsible for this travesty.
United States
11 Feb 2019
How Wrong Does A District Court Have To Be To Abuse Its Discretion?
The 9th Circuit Court of Appeals has reversed a District Court decision allocating 100% of CERCLA response costs at a San Diego Superfund site to TDY Holdings, which operated an aeronautical manufacturing plant...
United States
18 Oct 2017
Real Superfund Reform Would Not Place It At the Center Of EPA's Core Mission
First, the report and Pruitt's memo about it repeat the claptrap about restoring "the Superfund program to its rightful place at the center of the agency's core mission."
United States
23 Aug 2017
Superfund Reform, Part 2: Giving Credit Where Credit Is Due
Last week, I offered less than fulsome praise of EPA Administrator Pruitt's announcement that he was taking control of remedial decisions for big Superfund sites.
United States
1 Jun 2017
EPA Has A Nondiscretionary Duty To Review West Virginia's Failure To Submit TMDLs
Acting in response to state legislation, the West Virginia Department of Environmental Protection ceased work on promulgation of total
United States
1 Mar 2017
If You Don't Like Nukes, Petition Congress: The D.C. Circuit Affirms The NRC's GEIR On Nuclear Waste Storage
The D.C. Circuit Court of Appeals rejected challenges by several states and the NRDC to the Nuclear Regulatory Commission's Generic Environmental Impact Statement analyzing the impacts of continued on-site storage of spent nuclear fuel.
United States
10 Jun 2016
EPA Releases Long-Awaited MS4 Permit For Massachusetts
As announced in the Federal Register this week, EPA finally released the General Permit for small Municipal Separate Storm Sewer Systems in Massachusetts (say that three times fast!)
United States
21 Apr 2016
Complaints Are Not Totally Meaningless: A CERCLA Plaintiff Must Allege Disposal Against A Former Owner
I know it may surprise some litigators, but occasionally the allegations in a complaint do matter. I know it may surprise some litigators, but occasionally the allegations in a complaint do matter.
United States
9 Mar 2016
Determining An Intent To Dispose Under CERCLA Remains A Puzzlement
Determining when a person has "arranged" for the disposal of a hazardous substance has long been difficult.
United States
17 Dec 2015
EPA To Rename OSWER: How About "The Office That Should Be Eliminated As Soon As Possible"?
According to the Daily Environment Report (subscription required), EPA is going to change the name of the Office of Solid Waste and Emergency Response to the Office of Land and Emergency Management
United States
4 Nov 2015
While The Outcome In The Lower Fox River Case Continues To Change, The Legal Standard For Apportionment Is The Same
In 1832, Abraham Lincoln said that " it is better to be only sometimes right, than at all times wrong, so soon as I discover my opinions to be erroneous, I shall be ready to renounce them."
United States
26 Oct 2015
RCRA Still Poses Some Interpretive Problems (To Put It Gently)
In a potentially significant opinion last week, in Little Hocking Water Association v. DuPont, Judge Algenon Marbley gave hope to citizen plaintiffs everywhere...
United States
25 Mar 2015
A Federal Court Rules That Increased Conductivity Impairs A Stream — How Shocking!
On Tuesday, Chief Judge Robert Chambers ruled that Fola Coal Company violated the Clean Water Act by discharging mine waste with sufficiently high levels of conductivity to cause or materially contribute to impairment of Stillhouse Branch.
United States
6 Feb 2015
The Need For Expert Evidence To Make Out An Innocent Landowner Defense Under CERCLA
As every litigator knows, evidence almost always tells a story that is untidy and riddled with loose ends. This was illustrated by a recent innocent landowner case in California — Coppola v. Smith.
United States
3 Feb 2015
No Arranger Liability For Sale Of A New Hazardous Substance
Relying on the 2009 Supreme Court decision in Burlington Northern, the Fifth Circuit recently overtuned a CERCLA liability finding against a supplier of perchloroethylene.
United States
29 Jan 2015
CCRs Dodge A Hazardous Waste Bullet: EPA Regulates Under RCRA Subtitle D
Facility owners breathed a sigh of relief, as EPA chose to regulate under Subtitle D of RCRA, rather than under the cradle-to-grave provisions of Subtitle C.
United States
7 Jan 2015
When Will My Leftover Turkey Power My Electric Car: A Post Thanksgiving Reflection On The Promise And Challenge Of Food Waste Bans
Food is a big part of why Thanksgiving is my family’s favorite holiday. Over the years, we have tried to eat sensibly and sustainably, and to waste less food.
United States
9 Dec 2014
MassDEP Releases Its Draft Vapor Intrusion Guidance
MassDEP has recently released for public comment draft Guidance on Vapor Intrusion.
United States
18 Nov 2014
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