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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.

Wading Into New York’s 2025 NYS Wetlands Permitting Changes
Blog October 30, 2025
Over the last year, the New York State (“NYS”) wetlands permitting and statutory regime has been flooded with activity as the impacts of the 2022 statutory amendments ripple outward…
Major Shift Proposed for Endangered Species Act Interpretation: Redefining “Harm”
Blog April 23, 2025
On April 17, 2025, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA)…
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’ New Attorney General – A Look Back and a Look at the Year Ahead
Blog June 28, 2023
The Wharf District Council recently released its “District Protection and Resiliency Plan.”  My immediate reaction is just a quiet OMG regarding the size of the task.  Of course, that's no excuse for inaction and I found the plan to be quite compelling.  The Wharf District runs from Christopher Columbus Park to the Congress Street bridge.  Its landward boundary is basically Congress Street…
Everything Is Connected  For Better or For Worse
Blog June 08, 2023
Greenwire (subscription required) reported yesterday that more than 150 wildfires in Quebec have blanketed large swaths of the United States with unhealthy levels of particulate matter.  Indeed, as of 9:00 AM on Thursday, June 8, New York City has the worst air quality of any metropolitan area in the world.  Some businesses are advising workers to stay home.  Scientists are generally in agreement that climate change has increased the frequency and intensity of wildfires…
Massachusetts Codifies “No Net Loss” Conservation Policy Under Article 97
Blog March 17, 2023
On February 10, 2023, the Public Land Preservation Act, Chapter 274 of the Acts of 2022, (M.G.L. Ch. 3 §5A), went into effect.  It both codifies existing practices and creates new obligations that public entities in the Commonwealth must follow to dispose or change the use of interests in land protected by Article 97 of the Massachusetts Constitution…
FERC Proposes to Implement Expanded Transmission Siting Authority
Blog December 19, 2022
On December 15, 2022, the Federal Energy Regulatory Commission (“FERC”) issued a notice of proposed rulemaking in which the Commission proposes to implement its newly clarified authority under the 2021 Infrastructure Investment and Jobs Act (“IIJA”) to issue permits if a state denies an applicant's request to site transmission facilities in a designated National Interest Electric Transmission Corridor (“National Corridor”). Such change has potential—in certain cases—to tilt the balance of……
Some "Big Lifts" For Boston to Achieve Its Climate Goals
Blog November 14, 2022
Earlier this Month, The Boston Foundation released its “Inaugural Boston Climate Progress Report.”  Suffice it to say, there's a lot to do.  The Report identifies four “Big Lifts” necessary to attaining our climate goals.  It defines a Big Lift as: a multidecade mega-project that seeks to improve the city to align with its climate and equity goals. The four Big Lifts are: Retrofitting the small building stock Local energy planning for an electrified city Building a resilient coastline……
Coming soon to Massachusetts cities and towns: all electric buildingsComing Soon to Massachusetts Cities and Towns: All Electric Buildings
Blog August 17, 2022
As we've discussed before, multiple cities and towns in the Commonwealth of Massachusetts have tried to ban fossil fuel hookups for new buildings by zoning or other ordinance over the past few years.  But in July 2020, the Massachusetts Attorney General's Municipal Law Unit struck down the first such ban that came across its desk as inconsistent with other state law.  As we noted then, in order for municipalities to restrict or ban fossil fuel connections…
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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.