Searching Content by Seth Jaffe from Foley Hoag LLP ordered by Published Date Descending.
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EPA Revises Its Policy On "Ambient Air" — Is It Nefarious Or Common Sense?
EPA's policy has been to require the regulated community to satisfy two criteria to invoke an exclusion.
United States
6 Dec 2019
A Court Enjoins Implementation Of NH DES PFAS Regulations — Almost!
Last week, Judge Richard McNamara ruled that the plaintiffs were likely to succeed in their challenge to the very stringent standards for PFAS in drinking water promulgated...
United States
3 Dec 2019
More Evidence That Chevron Is Not A Liberal Plot
Yesterday, Judge William Young ruled that discharges to groundwater are not subject to Clean Water Act jurisdiction, even if they ultimately reach surface waters that are unambiguously waters...
United States
2 Dec 2019
Is It A Sin To Cause Environmental Degradation? Will Calling It A Sin Be Helpful?
Last week, Pope Francis announced that the Catholic Church was considering introducing into the Catechism "the sin against ecology, the ecological sin against the common home."
United States
27 Nov 2019
In Case You Missed It, We're In A Climate Emergency
Last week, BioScience published the "World Scientists' Warning of a Climate Emergency." It's actually a nice piece of work – short, readable, to the point.
United States
19 Nov 2019
Will The PM NAAQS Be The Real End Of Agency Deference?
According to Bloomberg Environment (subscription required), EPA's Clean Air Science Advisory Committee cannot reach agreement whether to recommend that the NAAQS for PM2.5 be lowered.
United States
11 Nov 2019
Sage Grouse Protections Restored; Another Hasty Regulatory Rollback Is Rolled Back.
Last week, Federal District Court Judge B. Lynn Winmill granted a preliminary injunction to various NGOs, barring the Bureau of Land Management
United States
6 Nov 2019
DOE Must Promulgate Energy Efficiency Standards Finalized By The Obama Administration
Last week, the 9th Circuit Court of Appeals affirmed a District Court ruling requiring the Department of Energy to publish in the Federal Register
United States
29 Oct 2019
Boston's Climate Action Plan Update: The Time Has Come For Buildings!
Last week, Boston released its Climate Action Plan 2019 Update. The Update identifies "priority actions" for the next five years necessary to put Boston on a trajectory towards carbon neutrality
United States
25 Oct 2019
Particulate Matter Has Not Clouded My Crystal Ball
Last month, I noted that EPA's Office of Air Quality Planning and Standards had released a draft reassessment of the particulate matter NAAQS.
United States
25 Oct 2019
The Other Shoe Drops On Upwind Ozone States
On Tuesday, the District of Columbia Court of Appeals vacated EPA's "Close-Out Rule," which basically concluded that upwind states contributing to exceedances
United States
11 Oct 2019
Injunctive Relief Is Available Outside The Fenceline
On Monday, District Judge Rodney Sippel ordered sweeping injunctive relief against Ameren Missouri, intended to remedy violations of PSD requirements
United States
10 Oct 2019
The Trump Administration Couldn't Spell Irony If You Spotted It The I, R, O, And N.
Yesterday, EPA and the National Highway Traffic Safety Administration released the "Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program," ...
United States
25 Sep 2019
Good Neighbors Delayed Are Good Neighbors Denied
Last Friday, the D.C. Circuit Court of Appeals ruled that EPA violated the Clean Air Act in failing to impose deadlines on upwind states violating the CAA's Good Neighbor provisions.
United States
24 Sep 2019
Environmental Protection Is An Afterthought At The Environmental Protection Agency
Last week, EPA and the Army Corps of Engineers promulgated the final rule repealing the 2015 rule defining the Waters of the United States
United States
23 Sep 2019
Hope Springs Eternal At The Climate Leadership Council
The Carbon Leadership Council, everyone's favorite group of former grand poohbahs, is still working at building support for its "carbon dividends" plan.
United States
16 Sep 2019
Particulate Matter Is More Dangerous Than We Thought: What Will EPA Do With The NAAQS
EPA's Office of Air Quality Planning and Standards has released a draft of its reassessment of the adequacy of the current national ambient air quality standard
United States
10 Sep 2019
Heads Trump Wins; Tails Regulation Loses
Earlier this week, the Department of Energy withdrew definitions of "general service lamps" and "general service incandescent lamps" promulgated under the Obama administration.
United States
10 Sep 2019
EPA Proposes To Eliminate Oil And Gas Methane Rules: Just Another Brick In The Deregulatory Wall
Last week, EPA proposed to eliminate regulation of methane emissions from the oil and gas industry. The most noteworthy response to the proposal came from the large producers.
United States
4 Sep 2019
EPA's Ozone NAAQS Largely Survives: CASAC Still Rules
The D.C. Circuit today largely upheld EPA's 2015 revisions to the National Ambient Air Quality Standard for ozone. I'm not much of a prognosticator
United States
27 Aug 2019
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