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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.

Boston Bans Fossil Fuels in New and Renovated City Buildings
Blog August 03, 2023
On July 31, 2023, Boston Mayor Michelle Wu signed an executive order ending the use of fossil fuels in new construction and major renovations of city-owned buildings. Although city buildings comprise a small percentage of overall carbon emissions in Boston, the new executive order aligns with larger efforts to decarbonize both publicly and privately owned buildings throughout Boston. The executive order covers both new city buildings and renovation projects affecting 75% or more of a city……
Massachusetts Releases Its 2050 Decarbonization Roadmap - It's Going to Be Quite a Trip
Blog December 31, 2020
Yesterday, Massachusetts released its “2050 Decarbonization Roadmap.”  I'm tempted to call it a tour de force.  At the very least, it's jam-packed with important issues.  One of the most valuable aspects of the Roadmap is its discussion of the potential tradeoffs among the different paths towards a decarbonized economy.  Acknowledging that the Roadmap contains much more good stuff than can be summarized in a single post…
Heads Trump Wins; Tails Regulation Loses
Blog September 06, 2019
Earlier this week, the Department of Energy withdrew definitions of “general service lamps” and “general service incandescent lamps” promulgated under the Obama administration.  The effect is to eliminate requirements that such lamps move to more energy-efficient bulbs.  Examples include recessed fixtures, referred to, at least in my house, as “cans,” and chandeliers. On this one, I'll leave the legal issues to others.  To me, the noteworthy aspect was that DOE is defending the rule…
Carbon Free Boston - Or How to Save the World in a Few Easy Steps
Blog January 29, 2019
Boston's Green Ribbon Commission has just released Carbon Free Boston, which outlines a pathway to a carbon-free city by 2050.  It's a thoughtful and careful report.  My immediate reaction was two-fold.  Of course we have to do all this and of course this will be nearly impossible. The transmittal letter to Mayor Walsh acknowledges the immensity of the undertaking: The report's analysis makes clear the great magnitude of the change needed to achieve carbon neutrality…
Massachusetts Comprehensive Energy Plan - There's a Lot to Do.
Blog December 17, 2018
Last week, the Massachusetts Department of Energy Resources released its Comprehensive Energy Plan. It's a generally solid piece of work, even if it doesn't say anything hugely surprising. Its various policy recommendations can be summarized fairly easily: electrify and conserve. The first recommendation is nicely illustrated by this pie chart from the CEP.  In 2016, only 17% of Massachusetts' energy demand of 1,074 trillion BTUs was from the electric sector…
Coming Soon To a Major City Near You  Building Energy Efficiency Standards
Blog December 06, 2018
Members of the New York City Council have introduced a proposal to impose mandatory building energy efficiency standards.  The standards, which vary by building type and use, would apply to buildings greater than 25,000 square feet, though rent-regulated buildings would be exempt.   The real estate industry is a powerful force in New York City and I believe that our current President may have some views on this legislation…
First Electric Generation.  Then Transportation.  What About Buildings?
Blog October 04, 2017
On Monday, EnergyWire (subscription required) reported that New York City Mayor Bill de Blasio has unveiled a plan to cap fossil fuel use in buildings in New York City.  (I haven't seen the specific plan, but it is referenced in City's overall plan, “1.5°C:  Aligning New York City with the Paris Climate Agreement,” that the City just released.)  The building plan is based on data gathered as a result of local ordinances requiring buildings with more than 25,000 square feet to report energy……
Were Number 1! (And California Isnt)
Blog September 28, 2017
The American Council for an Energy-Efficient Economy just released its 2017 Energy Efficiency Scorecard.  After sharing the top spot with California in the 2016 Scorecard, Massachusetts is back where it belongs – alone at the top. The ACEEE notes that Massachusetts offers “some of the most comprehensive services in the country, addressing a range of customers and building types.  It also noted Massachusetts' efforts to make energy more available to those with lower incomes…
Some Regulations to Reduce GHG Emissions Probably Wont Be Rolled Back By the New Administration.
Blog December 09, 2016
This week, the Department of Energy finalized regulations to increase energy efficiency for central air conditioners and heat pumps.  The regulations apply to products manufactured or imported into the United States beginning in 2023.  DOE estimates that, over the following 30 years, the regulations will reduce GHG emissions by 188.3 million metric tons, and will also result in similarly substantial reductions in emissions of conventional pollutants…
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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.