Foley Hoag LLP

Foley Hoag LLP is a law firm headquartered in Boston, with additional offices in New York City, Paris, and Washington, D.C.. The firm represents public and private clients in a wide range of disputes and transactions worldwide. It offers regional, national and international legal services.

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On Tuesday, in Ohio v. EPA, the D.C. Circuit Court of Appeals denied several challenges to EPA’s decision to restore California’s authority under § 209(b) of the Clean Air Act to regulate emissions from motor vehicles.  It’s definitely a win for EPA.  And while I’m leery of my ability to predict what this Supreme

Massachusetts has become the first state to require analysis of cumulative impacts for certain air quality permits in or near communities with environmental justice (EJ) populations. On March 29, 2024, the Massachusetts Department of Environmental Protection (MassDEP) released highly anticipated amendments to its air pollution regulations as required by the environmental justice provisions of the

In 2022, Pennsylvania became the 12th member of the Regional Greenhouse Gas Initiative (“RGGI”). Pennsylvania joined RGGI pursuant to a 2019 executive order and a subsequent rulemaking promulgated by the state’s Department of Environmental Protection (“DEP”) and Environmental Quality Board (“EQB”).
Later that year, various parties—including power producers, coal mine owners, and labor unions (collectively,

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.”  Without plumbing the depths of the Clean Air

Last week, in Bristol Asphalt v. Rochester Bituminous Products, the SJC jettisoned two prior decisions and revised its directions to lower courts regarding how to handle “special motions to dismiss” under Massachusetts’ so-called “Anti-SLAPP” statute.  If you don’t know what SLAPP stands for, you can just stop reading now. 
The purpose of the Anti-SLAPP