Blog

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 Still Has Authority to Regulate in the Face of Uncertainty
Blog August 28, 2026
EPA Still Has Authority to Regulate in the Face of Uncertainty
Last week, in Chamber of Commerce v. EPA, the D.C. Circuit Court of Appeals rejected challenges to EPA’s decision to list PFOA and PFOS, the two most prominent PFAS compounds, as hazardous substances under CERCLA…
Navigating Sites with PFAS Through the Superfund Process Is Going to Be a Bumpy Ride
Blog September 04, 2024
Navigating Sites with PFAS Through the Superfund Process Is Going to Be a Bumpy Ride
​​​​​​​For most of this century, I’ve been asked with some regularity whether Superfund was dead. I’ve always considered that question to be a victory of hope over expectation. Notwithstanding frequent criticism, frequently deserved, Superfund refuses to go away…
Superfund Is Short of Money. Can It Be Fixed By Tinkering Around the Edges?
Blog March 28, 2024
Superfund Is Short of Money. Can It Be Fixed By Tinkering Around the Edges?
This week, Inside EPA 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…
How Brown is Brown Enough? An Update on the IRA ITC Adder for Brownfield Sites
Blog February 12, 2024
How Brown is Brown Enough? An Update on the IRA ITC Adder for Brownfield Sites
It is now almost 18 months since Congress enacted the Inflation Reduction Act. One of the IRA’s provisions was an adder to the ITC for renewable energy projects located in an “energy community." One way to be in an energy community is to be a brownfield.  The IRA defined a brownfield simply as a facility that meets the definition of a brownfield under CERCLA…
Its Good to Be a Brownfield Site - As Long As It's Not Too Brown
Blog September 01, 2022
Its Good to Be a Brownfield Site - As Long As It's Not Too Brown
Tucked away in the recesses of the Inflation Reduction Act is a provision that reminds everyone why they love Superfund so much.  On its face, it's simply an incentive for renewable energy development, giving an adder to the amount of the investment tax credit (ITC) or production tax credit (PTC) to which certain renewable energy projects would otherwise be entitled, if they are located in an “energy community”…
EPA Proposes to List PFOA and PFOS as Hazardous Substances: What Could Possibly Go Wrong?
Blog August 26, 2022
EPA Proposes to List PFOA and PFOS as Hazardous Substances: What Could Possibly Go Wrong?
EPA announced today that it is proposing to list PFOA and PFAS as hazardous substances under CERCLA.  EPA appears to be sanguine about how the listing will play out in the real world. EPA is focused on holding responsible those who have manufactured and released significant amounts of PFOA and PFOS into the environment. EPA will use enforcement discretion and other approaches to ensure fairness for minor parties who may have been inadvertently impacted by the contamination…
MassDEP Issues Guidance on Performing Response Actions During COVID-19
Blog April 08, 2020
MassDEP Issues Guidance on Performing Response Actions During COVID-19
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…
Its Better to Be the Plaintiff Than the Defendant in Massachusetts Superfund Cases
Blog January 22, 2018
Its Better to Be the Plaintiff Than the Defendant in Massachusetts Superfund Cases
In the early days of Superfund, defense lawyers used to joke that all government lawyers had the same oral argument script.  It was three sentences long. Good afternoon, your honor.  My name is _____ and I represent the government in this case.  We win. Lawyers in Massachusetts rightly feel that that pretty much remains the state of affairs in Massachusetts, at least for private cost recovery or property damage claims…
The Members of EPAs Superfund Task Force Had Really Good Memories
Blog December 21, 2017
The Members of EPAs Superfund Task Force Had Really Good Memories
In July, EPA released the recommendations of the Superfund Task Force.  Public Employees for Environmental Responsibility filed a FOIA request, looking for documents related to the operation of the Task Force.  This week, the AP reported on EPA's defense of the inevitable law suit that PEER filed when EPA did not turn over any documents.   It turns out that, according to Johnny Walker…
1 of 5

Blog Editors

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.

Related Services

Practice
Environmental Permitting & Compliance
Environmental compliance is an essential part of doing business. We provide our clients with legal strategies based on deep knowledge of laws and regulations, and innovative approaches crafted around your business needs.
Practice
Environmental Litigation
Even the most diligent and conscientious company can end up as the target of an environmental complaint. Our environmental lawyers have built an impressive record resolving environmental disputes at the negotiating table and in the courtroom without hampering our clients’ business operations.
Industry
Energy & Climate
During this era of innovation and disruption across the energy, clean technology and climate industries, we guide clients through a complex and evolving technology, regulatory and financing landscape
Practice
Energy Project Finance
We work with our clients to develop and finance successful projects requiring significant legal expertise combined with a thorough understanding of the industry, including market dynamics, tax structures, regulatory environments, and investor and lender sensitivities.
Practice
Global Business & Human Rights
Launched over two decades ago, our Global Business & Human Rights practice was one of the first to help clients implement and advance internationally recognized human rights, social and environmental policies that align with legal requirements and emerging best practices while protecting operations from risk.
Practice
Environmental, Social & Governance
Our multi-disciplinary team — comprised of business, litigation, energy, environmental, and human rights advisors — will help you develop and implement an ESG program specifically designed for your organization’s needs. We’ve been doing this since the 1980s, and have the experience and institutional memory to craft impactful and cutting edge ESG strategies.
Practice
Product Liability & Complex Torts
We are ready to protect your investment in product development by taking an individualized approach to each case in each industry, including pharmaceuticals and medical devices, industrial products and consumer products, creating strategies to help you reach your cost and result goals.
Practice
Real Estate & Development
We represent owners, developers, landlords and tenants on the full range of development projects from residential to commercial to public infrastructure. Our real estate and development lawyers help our clients develop successful strategies, obtain government approvals and secure project financing.
Practice
Transportation, Infrastructure & Construction
Keeping complex infrastructure and large-scale construction projects on track requires a deep understanding of how and where problems happen, anticipating where they may arise, and resolving them long before they ever occur. Our team has a broad and deep understanding of the legal issues surrounding major infrastructure projects and the complex interplay between private and public sector concerns.
Practice
White Collar Crime & Government Investigations
We provide highly effective counsel to individuals and companies caught up in government investigations, accused of criminal wrongdoing, or the victims of it.
Practice
Federal Government Strategies
Our experienced attorneys and policy advisors combine extensive government experience with insight into your business to advance your legal, policy and political objectives.
Practice
State Attorneys General
State attorneys general have deep resources and far reach that can change the way a company conducts business. Our lawyers have the experience, insight and skill to guide your business through the considerable challenges of an AG investigation or enforcement action.

Blog Editors

Blog Authors

Stay Up to Date

Subscribe to Law & the Environment

We use cookies to enhance user experience, improve functionality and performance, and for analysis of website traffic. By clicking “accept”, you agree to the use of cookies. For more information about our cookie policy and the information we collect, please review our Privacy Statement.