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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.

How MassDEP’s Proposed Noise Policy Update Could Affect Renewable Energy Developers
Blog March 04, 2026
The Massachusetts Department of Environmental Protection (MassDEP) is poised to revise its Noise Policy for the first time since the Policy’s adoption in 1990…
Massachusetts Legislature Finalizes Permit Extension Language – Get those permits now!
Blog November 15, 2024
In some good news for the development community, the Massachusetts legislature has finalized language that would extend the validity of most municipal and state permits related to land development or the environment for a period of two years…
Massachusetts Launches Cumulative Impact Analysis Regulations for Air Quality Permits Near Environmental Justice Populations
Blog April 05, 2024
Massachusetts has become the first state to require analysis of cumulative impacts for certain air quality permits in or near communities with environmental justice populations. On March 29, 2024, the Massachusetts Department of Environmental Protection released highly anticipated amendments to its air pollution regulations as required by the environmental justice provisions of the 2021 Climate Roadmap Act…
New Report Details Massachusetts Whole-of-Government Approach to Climate Crisis
Blog October 26, 2023
Yesterday, Massachusetts Climate Chief Melissa Hoffer issued a report detailing how “to implement the Healey-Driscoll Administration's whole-of-government approach to addressing the climate crisis.” The report identifies trends, barriers, and gaps in Massachusetts climate policy, establishes guiding principles for whole-of-government climate action, and offers recommendations to strengthen the “climate-related practices and policies of executive department agencies.” The recommendations……
MassDEP Proposes Cumulative Impact Analysis Regulations - Its About to Get Interesting.
Blog January 05, 2023
After more than a year of work, MassDEP has proposed regulations that would require applicants to perform cumulative impact analysis prior to issuance of certain air emissions permits.  The regulations were required by the environmental justice provisions of the 2021 Climate Roadmap Act. The requirement to perform a CIA will apply to any person seeking a comprehensive plan approval in or within one mile of any environmental justice community as well as to any project requiring a……
Amendments to Massachusetts' Clean Energy Standard Finalized, Accelerating Progress Towards Decarbonization of the State's Electricity Sector
Blog November 03, 2022
The Massachusetts Executive Office of Energy and Environmental Affairs (EEA) and Department of Environmental Protection (MassDEP) announced that proposed amendments to the state's Clean Energy Standard (CES) were finalized earlier this month without substantive changes from draft language initially proposed by the agencies in April 2022. The amendments are intended to accelerate progress towards decarbonization of the electricity sector and further ensure the state meets its goal of net……
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…
The Massachusetts Climate Bill is Very Much "Not Dead"
Blog March 22, 2021
In January, when Governor Baker vetoed the Legislature's effort to go big on climate, my colleague Zach Gerson made clear that the bill was not even “mostly dead.”  I am pleased to say that Zach's diagnosis was correct.  The climate bill is very much alive. Last week, the Legislature passed a new version of the bill, which adopted most of the Governor's technical suggestions and almost none of his substantive changes…
MassDEP Issues Guidance on Performing Response Actions During COVID-19
Blog April 08, 2020
Just a straightforward informational post.  MassDEP has issued a concise, helpful, guidance on performing response actions during COVID-19.  Here are the highlights: All release notifications are still required within MCP deadlines. MassDEP is still taking oral notice of Immediate Response Actions and issuing oral approvals.  It is still reviewing written IRA plans.  If MassDEP does not respond to a within plan 21 days…
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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.