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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.

There's No Such Thing as "Cost" analysis or "Benefit" analysis; There's Only Cost-Benefit Analysis
Blog January 14, 2026
There's No Such Thing as "Cost" Analysis or "Benefit" Analysis; There's Only Cost-Benefit Analysis
Earlier this week, the New York Times reported that the Trump administration plans to stop assigning dollar values to the human health benefits resulting from the imposition of national ambient air quality standards…
The 5th Circuit Rejects EPA's Nonattainment Designations in Texas; Don't Blame Loper Bright
Blog May 27, 2025
The 5th Circuit Rejects EPA's Nonattainment Designations in Texas; Don't Blame Loper Bright
On May 16, in Texas v. EPA, the 5th Circuit Court of Appeals rejected EPA’s nonattainment designation for two counties in Texas…
Supreme Court Decision Limits Ability to Curb Ozone and Other Air Emissions
Blog June 28, 2024
Supreme Court Decision Limits Ability to Curb Ozone and Other Air Emissions
The Supreme Court has released its opinion in Ohio v. EPA, a case involving whether the federal government’s “good neighbor” ozone regulations were properly promulgated. This decision impacts the authority of the U.S. Environmental Protection Agency, state regulators, and those who breathe air in non-attainment areas…
The D.C. Circuit Vacates Most of EPA’s SSM SIP Call; Generators Breath a Sigh of Relief
Blog March 09, 2024
The D.C. Circuit Vacates Most of EPA’s SSM SIP Call; Generators Breath a Sigh of Relief
Earlier this month, the District of Columbia Court of Appeals vacated most of EPA’s startup, shutdown, and malfunction SIP Call.  The Court’s rationale boils down to EPA’s failure to make a predicate finding that the SIP call was “necessary or appropriate to meet the [CAA’s] applicable requirements.”…
EPA Lowers the PM2.5 NAAQS: Goldilocks Can Sleep Soundly
Blog February 08, 2024
EPA Lowers the PM2.5 NAAQS: Goldilocks Can Sleep Soundly
Yesterday, EPA finalized a rule lowering the primary annual National Ambient Air Quality Standard for PM2.5 to 9.00 ug/m3. This is a significant reduction from the current 12.00 ug/m3 standard and a victory for environmentalists, even though they had advocated for larger reduction…
Another Study Regarding the Health Impacts of PM Emissions From Power Plants: What Impact Will It Have On Regulation and Litigation?
Blog November 28, 2023
Another Study Regarding the Health Impacts of PM Emissions From Power Plants: What Impact Will It Have On Regulation and Litigation?
An article in Science published last week indicates that the mortality risk from exposure to PM2.5 from coal-fired electric generating units is roughly twice as high as the risk posed by PM2.5 from other sources.  According to the article, there were roughly 460,000 excess deaths in the United States from 1999-2020 resulting from exposure to PM2.5 from coal-fired EGUs.  Prior models would have indicated roughly half that number…
The EJ Movement Wants to Tighten the NAAQS. Will It Happen?
Blog August 01, 2023
The EJ Movement Wants to Tighten the NAAQS. Will It Happen?
The White House Environmental Justice Advisory Council recently weighed in on EPA's decision whether to lower the National Ambient Air Quality Standards for PM2.5 and ozone.  Specifically, with respect to PM2.5, WHEJAC recommended that the annual primary standard be lowered to 8.0 ug/m3 and the annual daily standard be lowered to 25.0 ug/m3.  Both recommendations are lower than what EPA has proposed. With respect to the ozone NAAQS…
What Happens When the EPA Technical Staff Disagrees with the Clean Air Science Advisory Committee?
Blog June 16, 2023
What Happens When the EPA Technical Staff Disagrees with the Clean Air Science Advisory Committee?
Last week, the EPA Clean Air Science Advisory Committee provided EPA its review of EPA's Policy Assessment for the Reconsideration of the National Ambient Air Quality Standard for ozone.  As expected, CASAC has disagreed with the recommendation of EPA technical staff to retain the current 70 ppb standard.  Instead, CASAC recommends a significantly lower ozone NAAQS of 55-60 ppb.  This seems to be coming down to a fight between EPA's reliance on controlled human exposure (CHE) studies and……
Deja Vu One More Time? What Will Happen If EPA Ignores CASAC Regarding the Ozone NAAQS?
Blog April 03, 2023
Deja Vu One More Time? What Will Happen If EPA Ignores CASAC Regarding the Ozone NAAQS?
Last week, Inside EPA (subscription required) reported that the Clean Air Science Advisory Committee has pretty much agreed that the National Ambient Air Quality Standards for ozone must be made more stringent.  Apparently, the panel is looking at recommending that the primary standard be reduced from 70 ppb to a range of 55-60 ppb.  CASAC is also recommending a reduction in the secondary standard.  I've blogged numerous times about the role that CASAC recommendations play in judicial……
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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.

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