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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.

EPA Introduces Rule To Repeal Endangerment Finding
Blog August 01, 2025
On Tuesday July 29, the U.S. Environmental Protection Agency (“EPA”) announced a proposed rule to repeal its 2009 finding that greenhouse gas (“GHG”) emissions from new motor vehicles contribute to pollution and endanger public health and welfare (the “Endangerment Finding”)…
Recent Federal Developments for Advanced Nuclear Technologies
Blog May 07, 2025
The new administration has repeatedly expressed its staunch support for nuclear energy. President Trump’s first-day executive order “Unleashing American Energy” specifically encouraged the development of nuclear energy resources…
The Funding Games: America’s Clean Energy and Infrastructure Funding Under the Trump Administration
Blog February 14, 2025
As we warned in a January 29 client alert, President Trump’s Executive Orders and the subsequent Office of Management and Budget (OMB) memorandum ordering federal agencies to “temporarily pause” any and all activities related to funding disbursements and obligations were “just the beginning…
An Impoundment By Any Other Name
Blog January 29, 2025
A Monday night memorandum issued by the Office of Management and Budget (“OMB”) ordered federal agencies to “temporarily pause” all federal funding and other agency activities that “may be implicated by” the slew of executive orders Trump issued last week…
A Fossil-Forward U.S. Energy Policy Begins to Take Shape under Trump
Blog January 23, 2025
President Trump began his second term by issuing a barrage of executive orders, memoranda, and other directives, many of which targeted U.S. energy policy and the federal employees who implement it…
IRS Releases Guidance on SAF Tax Credit and Signals Forthcoming Revisions to GREET Model for Determining Lifecycle GHG Emissions Reductions
Blog December 20, 2023
On December 15, 2023, IRS published Notice 2024-06, a brief but important guidance on Section 40B, the Inflation Reduction Act (“IRA”) tax credit for sustainable aviation fuel (“SAF”). The guidance establishes a safe harbor for SAF that generates RINs under the federal Renewable Fuel Standard program (“RFS”). It also announces that the Department of Energy (“DOE”) will release an updated GREET model in early 2024 that meets Section 40B's requirements for determining SAF's lifecycle……
Tackling the Cost of Clean Hydrogen under the Bipartisan Infrastructure Law and the Inflation Reduction Act
Blog May 23, 2023
[This is the third post in our Hydrogen Blog Series. Read the first post here and the second post here] One of the biggest hurdles for clean hydrogen is high costs.  The Department of Energy graph below says it all.  Today, a kilogram of hydrogen produced by electrolysis costs around $5 to $7…
Massachusetts’ New Attorney General – A Look Back and a Look at the Year Ahead
Blog May 11, 2023
Yesterday, the Biden-Harris administration outlined in a fact sheet its priorities for permitting reform to accelerate the build-out of America's energy infrastructure “faster, safer, and cleaner.” The fact sheet provides an endorsement of the Building American Energy Security Act of 2023, establishes several major objectives for permitting reform, provides several recommendations to streamline federal permitting processes, and urges Congress to include the objectives and recommendations……
Accelerating Electric Vehicle Adoption in 2022
Blog January 24, 2023
This past year represents a real turning point in the transition to electric vehicles, demonstrated by new major incentives and regulatory activities at both federal and state government levels and several notable accomplishments in the private sector. First, the U.S. government approved EV Infrastructure Deployment Plans for all 50 states, the District of Columbia and Puerto Rico with an estimated $4.155 billion in funding going to states in the next five years to build out EV……
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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.