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.

Does EPA Have Authority to Promulgate Cumulative Risk Assessment Guidance?
Blog September 18, 2023
Does EPA Have Authority to Promulgate Cumulative Risk Assessment Guidance?
Last week, Inside EPA (subscription required) reported that the Texas Commission on Environmental Quality has basically informed EPA that EPA may not promulgate guidance on cumulative risk assessments because of questions about its legal authority to require CRAs.  If EPA plans to interpret such environmental regulations as providing EPA with the authority to require that states consider CRAs in its decision making, including CRAs that may include nonchemical stressors…
AIG Bows Out of the Pollution Legal Liability Market
Blog January 28, 2016
AIG Bows Out of the Pollution Legal Liability Market
On Tuesday, insurance giant AIG announced a major restructuring designed to make it a “more profitable and focused insurer.” Apparently as a result of these efforts to streamline and slim down, AIG has begun notifying holders of its Pollution Legal Liability insurance that it will no longer be underwriting new policies.  Existing policies will be honored, but renewal will not be available.  AIG will reportedly continue to write Contractors Pollution Liability and Environmental and General……
Be Careful With Pollution Insurance Coverage Disclosures How Conditions Actually Disclosed Were Deemed Not Disclosed
Blog September 10, 2014
Be Careful With Pollution Insurance Coverage Disclosures How Conditions Actually Disclosed Were Deemed Not Disclosed
A Massachusetts company learned the hard way that you need to pay close attention to policy endorsements when you negotiate them. In Market Forge Industries, Inc. v. Indian Harbor Insurance Company, the Appeals Court of Massachusetts held, in an unpublished decision, that a Pollution and Remediation Legal Liability Policy did not cover the costs of cleaning up certain pollution because the “Pollution Conditions” were not specifically listed in the “Known Conditions” endorsement…
Is the Absolute Pollution Exclusion Absolute? It Depends on Which State Answers the Question
Blog October 09, 2013
Is the Absolute Pollution Exclusion Absolute? It Depends on Which State Answers the Question
The battle over the scope of the absolute pollution exclusion in general liability policies continues to be fought in the context of defective drywall manufactured in China.  An earlier blog entry discussed a Virginia court that had concluded that there was no coverage for defective drywall claims, rejecting decisions from a number of states that had ruled that the absolute pollution exclusion should be limited to industrial pollution claims…
Do Liability Policies, Particularly Pollution Liability Insurance Policies, Exclude Coverage for All Injunctions? The Fifth Circuit Says No.
Blog May 22, 2013
Do Liability Policies, Particularly Pollution Liability Insurance Policies, Exclude Coverage for All Injunctions? The Fifth Circuit Says No.
The Fifth Circuit handed down an important decision last week, Louisiana Generating LLC v. Illinois Union Insurance Company, clarifying the scope of coverage under a Premises Pollution Liability Insurance Policy.  The policyholder sought coverage for a Clean Air Act suit by the United States alleging unpermitted major modifications that resulted in increased emissions of  sulfur dioxide and nitrogen oxide.  The insurer disputed coverage on the ground that the government under the Clean Air……
Words Matter Settlement Agreements Should be Enforced As Written
Blog April 02, 2013
Words Matter Settlement Agreements Should be Enforced As Written
Sometimes you read a decision and its hard to understand how there really were two plausible sides to the dispute.    Arrowood Indemnity Company v The Lubrizol Corporation is one such a decision.  There, a policyholder sold back its liability coverage for claims arising out of certain named environmental sites.  When the policyholder subsequently received a PRP notice letter for a site that included a property that had allegedly been contaminated by waste migrating from one of the named……
The Intersection of Subrogation and Environmental Law The Ninth Circuits Tyranny of Logic over Common Sense
Blog March 19, 2013
The Intersection of Subrogation and Environmental Law The Ninth Circuits Tyranny of Logic over Common Sense
In a decision that exalts casuistry over common sense, the Ninth Circuit recently held that an insurer who reimbursed $2.4 million in CERCLA response costs to its policyholder had no subrogation rights against the potentially responsible parties that actually caused the contamination in the first place.  That holding turns upside down the most basic principles of insurance law. Chubb Custom Insurance Company v. Space Systems/Loral involved an assisted-living facility which was built on a……
Sudden and Accidental Pollution in Massachusetts Not Always Fatal To Coverage
Blog February 22, 2013
Sudden and Accidental Pollution in Massachusetts Not Always Fatal To Coverage
In some jurisdictions, an environmental claim under a liability policy with a sudden and accidental pollution exclusion has the same prospect of success as a due process claim under the strict scrutiny standard strict in theory, fatal in practice.  In Massachusetts, however, sudden and accidental pollution exclusions have sometimes been less fatal, as evidenced by the recent decision in Narragansett Electric Company v. American Home Assurance Company…

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.