Seth Jaffe

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A partner at Foley Hoag, Seth Jaffe is recognized by Chambers USA, The Best Lawyers in America and Massachusetts SuperLawyers as a leading practitioner in environmental compliance and related litigation. He works on a wide range of environmental law issues, representing clients in the permitting/licensing of new facilities and offering ongoing guidance on permitting and enforcement related matters under federal and state Clean Air Acts, Clean Water Acts, RCRA, and TSCA. He also advises on wetlands and waterways regulation. Seth’s clients include traditional and new electric generating companies, companies in the printing and chemical industries, and education and health care institutions.

Seth has extensive experience in hazardous waste and brownfields matters under federal and state Superfund laws. He has defended multiple clients in administrative or litigation proceedings brought by the government and/or private parties. He has also counseled plaintiffs seeking recovery from private parties of response costs incurred at Superfund sites. In addition to dispute resolution in these issues, Seth helps clients comply with federal NEPA and state MEPA regulations for large development projects.

Practice Areas

  • Environmental Litigation
  • Environmental Compliance
  • Energy and Regulated Industries
  • Litigation
  • Environmental Corporate Responsibility

Professional Associations

  • American College of Environmental Lawyers, Founding Regent
  • NAIOP Massachusetts Chapter, Environmental Committee Co-chair
  • Environmental League of Massachusetts, Board Member
  • Boston Bar Association Environmental Section, Chair, 1999-2002
  • Boston Bar Association Environmental Section, Hazardous Waste Committee, Chair, 1995-1997
  • Boston Bar Journal, Board of Editors, 1998-2000
  • Massachusetts Department of Environmental Protection Wetlands Program, Volunteer Mediator, 1993-1995
  • Chemical Waste Litigation Reporter, Board of Advisors
  • Trained mediator
  • NAIOP Massachusetts Chapter, Member, Chapter 21E Committee
  • Massachusetts Corporate Wetlands Restoration Partnership, Board Member
  • New Ecology, Inc., Board Member
  • Massachusetts Environmental Justice Network, Steering Committee Member (1994 - 2003)

Education

  • Massachusetts Institute of Technology, S.B., Phi Beta Kappa, 1981
  • Harvard University, John F. Kennedy School of Government, M.P.P, 1983
  • Yale Law School, J.D., 1986

Bar Admissions

  • Massachusetts
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals, First Circuit

For a comprehensive account of Seth's professional experience visit the Foley Hoag Web site.

Links of Interest


Posts By This Author

The Arguments Are All Moot Now: The SJC Upholds the Legislature's Chapter 91 Amendments

State of the Environment: Pangloss Edition

Today's Climate Change Grab-Bag

More pressure from Congress on EPA GHG Regulation

Stop the Presses: Trespass Is Not a Petitioning Activity

Trouble for Climate Change Public Nuisance Litigation?

Three Pollutant Legislation: Very Much In Play?

Climate Legislation: Still Breathing?

An Update On EPA GHG Regulation Under Existing Authority

One Small Step For EPA Greenhouse Gas Regulation?

Older Entries

More Suits Filed on EPA's Endangerment Finding

The CEQ Issues Draft Guidance on Consideration of Climate Change Under NEPA

Dog Bites Man, February 12 Edition: Law Suit Filed to Challenge Endangerment Filing

SEC Issues Climate Change Disclosure Interpretive Release

Three Pollutant Legislation: Back in Play?

Message to Environmentalists: Self-Righteousness Is Not the Way To Sell Climate Regulation

EPA "Furious": GHG Rules to Be Promulgated in March

More on a New Ozone NAAQS: EPA's Clean Air Science Advisory Committee Endorses EPA's Proposed Range

Will We Have Neither Climate Change Legislation Nor Regulation?

The SJC Gets MEPA Wrong Yet Again

Believe It Or Not, Sometimes MassDEP Does Things of Which the SJC Does Not Approve

BACT Update: Is BACT for a Coal Plant Natural Gas?

Tailoring Rule Update: Just the Mess Everyone Expected

Dog Bites Man; Compliance With New NAAQS To Be Costly, Difficult

Coming Soon to a Vista Near You: Clearer Air; More Expensive Compliance

Massachusetts Releases First in the Nation Ocean Management Plan

When Do EPA BACT Requirements "Redesign the Source"? Not When EPA Says They Don't

EPA Continues to Target Coal-Fired Power Plants: Announces Settlement With Duke Energy

Not Quite the Excitement of a Perp Walk, But: EPA Publishes Web Map of Enforcement Actions

Superfund Contribution Actions: Bad Guys Need Not Apply

Nanotechnology: EPA Regulations on the Horizon?

Dog Bites Man, Monday Edition: Massachusetts Retains Its Municipal Waste Combustor Moratorium

Climate Change Legislation Makes Strange Bedfellows: Environmentalists for Nuclear and Coal

There Ain't No Such Thing As A Free Lunch: You Choose, Renewable Energy or Endangered Bats

So We're Endangered by GHGs: Now What?

Another Rant Against NSR: Why the Continued Operation of Old Power Plants Is Bad News for GHG Regulation Under the Current Clean Air Act

A Follow-up On Regulatory Reform in Massachusetts: Secretary Bowles Starts to Get Some Suggestions

EPA Issues Construction Stormwater Rule -- First National Standards With Numeric Limits

More on Building Standards; Client Rant Edition

I Have Seen the Future and It Is Zero-Energy Buildings

Today's Betting Line: EPA Regulation Before Legislation is Enacted

Desperate Times, Desperate Measures? Massachusetts Environmental Agencies Look to Reinvent Themselves

Another Corner Heard From: Portland (Oregon) Releases a New Climate Action Plan

Perhaps The Next Coastal Project Won't Take 10 Years: The First Circuit Preempts Some State Authority

EPA's Greenhouse Gas Tailoring Rule Hits the Street

Another Front in the Climate Change Battle: NEPA Reviews

GHG Nuisance Claims? Yes? No? Maybe?

It Happened With Tobacco, Why Not RGGI? New York Proposes to Divert RGGI Funds to Deficit Reduction

Superfund Liability: Owner? Operator? Property Manager?

EPA Issues a New Policy on Superfund Negotiations: Time For Another Rant?

GHG Regulation under the Existing CAA: Coming Soon to a [Large] Stationary Source Near You

I'm Not Dead Yet: Still Hope For a Climate Change Bill?

Another Nuisance For the Generating Industry: The 2nd Circuit Reinstates the GHG Public Nuisance Suit

Another Bullet Aimed at Coal; Another Argument For Multi-pollutant and Multi-media regulation

Climate Change: An Update on Legislation v. Regulation

Another D'Oh Moment: EPA Advised to Clearly Link Environmental Conditions and Regulatory Programs

Dog Bites Man: EPA Announces Intent to Hire More Criminal Investigators

New Life in EPA's NSR Enforcement Initiative: EPA FIles Another Law Suit

Imminent and Substantial Endangerment Under RCRA -- I Know It When I See It

Is it Good News or Bad? MassDEP Wins an Adjudicatory Hearing Appeal

New Clouds on the Storm(water) Front: EPA Takes Enforcement Action Against 9 Municipalities

Massachusetts Limits The Standing of Businesses to Challenge Permits Issued to Competitors

Stormwater Discharges From Construction Activity: What Next From EPA?

EPA Region I Still Not Idle on the Anti-Idling Front: Yet another Six-Figure Penalty

Measuring the Benefits of Environmental Enforcement: Moving From Dollars To Sense

New York Joins the Bandwagon: Incorporating GHG Analysis Into Reviews of New Project Development

Nanotechnology and Site Remediation: Is the Promise Beginning to Come to Fruition?

D.C. Circuit Remands Phase 2 Ozone Rule: Another Defeat for Cap and Trade Programs

Is CO2 a Regulated Pollutant Under the Clean Air Act? Not Yet, At Least in Georgia

Ocean Zoning Gets Off the Ground in Massachusetts

EPA Finally Grants the California GHG Waiver

More on Enforcement: When is a Penalty Too Big?

When is a Preliminary Injunction Inappropriate? When the Judge Prejudges the Merits

Burlington Northern: EPA Speaks

Next Battle in the Property Rights War?

EPA Delays SPCC Plan Compliance Date Until November 10, 2010

Sustainable Stormwater Management: The Next Wave in Water Pollution Regulations?

Next on the Federal Agenda: Ocean Zoning

Fixing CAIR; Legislative Help May Be Necessary

Injunctive Relief under the CAA; United States v. Cinergy

Distribution of Allowances Under Waxman-Markey

Another Rant on Superfund; Federalist Version

A Mixed Verdict on NSR Enforcement?

One Step Closer to a Legislative Fix to Rapanos?

A Late Entry Into the Climate Change Sweepstakes: The Midwestern Greenhouse Gas Accord Cap-and-Tax Approach

Are You a Member of a Protected Class? Who Is Going to Get Free Allowances Under the Climate Bill?

Massachusetts Still Moving Aggressively on the Green Building Front: Now a Stretch Building Code

Nearing Agreement on a House Climate Bill?

More on Guidance v. Regulation

Regulations v. Guidance: Pick Your Poison

An Additional Note on Burlington Northern: More Litigation in Your Future?

The Supreme Court Decision in Burlington Northern: There Are Limits to Liability Under CERCLA

This Week's Climate Legislation Forecast

An EPA Cap and Trade Program Without Legislation?

More Bush Administration Air Rules on the Way Out?

More News on Three-Pollutant Legislation

Just How Much Do Members of Congress Talk?

Today's Climate (Change Legislation) Forecast

A Dose of Reality for the Climate Change Legislation Debate?

New Development on the Climate Change Legislation Front: Is a Zero Emissions Home in Your Future?

A Rant Against Superfund

Be Careful What the EPA Administrator Wishes For: Is a Legislative Fix to Rapanos on the Horizon?

Multiple Pollutant Legislation Makes a Reappearance

Waxman and Markey Release House Climate Bill: Some Details, But a Long Way From the Finish Line

Justice Triumphs: The Supreme Court Upholds EPA's Authority to Consider Costs Under Section 316(b) of the Clean Water Act

SO2 Allowance Prices Drop: Is There a Lesson Here?

More News From the Coal Front: Mountaintop Mining Takes One Hit -- and May Face Another

Local Opposition to Energy Projects? The Chamber of Commerce Takes the Fight to the NIMBYs

More on Energy Efficient Building Codes

Life After Atlantic Research: The Second Circuit Court of Appeals Holds that Response Costs Incurred Pursuant to a Consent Decree Are Recoverable Under Section 107 Of CERCLA

Concerns About NEPA and the Stimulus: CEQ Is Here to Help

The Current Score on Regulatory Reform in the Obama Administration? Zealots 1, Reform 0

Greenhouse Gas Endangerment Finding Out Soon: Will Regulations Be Far Behind?

Regulation of Coal Ash: The Ball's In EPA's Court For Now

Energy Efficient Building Codes: What's Sauce for the Massachusetts Goose is Sauce for the National Gander

Cap-and-Trade Allowances: The Auction v. Allocation Debate Begins to Heat Up

When Must Suits Be Brought Under MEPA; Too Late May Indeed Be Too Early

Another Loss For the Bush EPA; The D.C. Court of Appeals Remands the Fine Particulate Standard

Cap and Trade or Carbon Tax? How About Both?

Today's Forecast: More Climate-related Litigation on the Horizon

EPA's Roll-Back of Bush-Era Rules Appears to Begin in Earnest

Massachusetts Takes Steps to Ensure That Stimulus Spending is Not Bogged Down in Environmental Reviews

Continuing Developments on Environmental Reviews of Stimulus Projects

The News on Coal Just Keeps Coming

Recovery of Attorneys' Fees Under CERCLA: One Man's PRP Search Is Another Man's Litigation Expenses

Will Decoupling Advocates Find a Dance Partner in Congress?

Imminent and Substantial Endangerment Under RCRA: Not Everything Qualifies

The Economy and the Environment; I'm Shocked, Shocked, to Find Tension Between Them

After All These Years, CERCLA Remains Constitutional

Is It Possible to Be Progressive and Effective at the Same Time?

How Do I Regulate Carbon Emissions? Let Me Count the Ways

Finally, Some Good News for Coal

So, You Liked NSR Enforcement? How about State Public Nuisance Claims?

How Likely is "More Likely Than Not"? Expert Testimony Under CERCLA

Is There a Conflict Between Environmental Protection and Economic Growth? Could Be.

Getting Out Ahead of the Curve on the Green Building Front: EPA Announces Voluntary Agreement With Cushman & Wakefield

Regulatory Fallout from the TVA Coal Ash Release

What Risk of Deflation? EPA Increases Civil Penalty Amounts To Adjust For Inflation

Yet One More Judicial Defeat for the Bush EPA; The D.C. Circuit Vacates Another Clean Air Act Rule

How Much Discretion Do Local Boards Have? Or, What's Sauce For the Goose

CAIR: Still Breathing, But Still on Life Support; The D.C. Circuit Temporarily Reinstates the Rule

When Must Suit Be Brought Under MEPA? When is Too Early Still Too Late?

Is CO2 a Regulated Pollutant for PSD purposes? Not for the Next 28 Days, At Least

How Much Discretion Do Local Boards Have? At Least We Know It's Not Infinite

Trends in CO2 Emissions in RGGI States

EPA Is Looking For A Few Bad Men

Private Contribution and Cost Recovery Claims Under CERCLA: The State of the Law after Atlantic Research

The Sky is Falling. No, It's Not. Regulation of Greenhouse Gases Under the Clean Air Act

EPA and Maine DEP Announce New Stormwater Controls

How Broad is the Scope of Relief for NSR Violations? Very, Very Broad

Accounting for the Financial Impacts of Climate Change: ASTM Steps Into the Breach

The Massachusetts GHG Policy Expands Its Scope

It's Not All About Climate Change: Massachusetts DEP Proposes New Stormwater Permitting Regime

Not Really So Bad; More on Revisions to the State Building Code

The Massachusetts Move Towards Sustainability Gathers Steam

Which Comes First, the Chicken or the Egg? Innovation and Regulation in the Climate Change Debate

Welcome to the Law and the Environment Blog

Is CO2 "Subject to Regulation" under the Clean Air Act? Time Will Tell (We Think).

Say It Loud, Say It Clear; The Inside of a Building Is NOT the Environment

Arranger Liability Under CERCLA; Courts Know It When They See It

EDF Targets EPA Landfill Methane Regulations

More Twists and Turns in the CAIR Saga

You Want a Permit? You May Have to Get in Line.

The Bailout Bill Attempts to Bail Out Brownfields Properties

RGGI Announces Results of First Auction of CO2 Allowances

Common Law Wins Another Round Over CERCLA Liability

EPA Issues New Industrial Stormwater Permit

Still No Quick Fix to the CAIR Rule

EPA's NSR Reforms: The Final Nail in the Coffin?

EPA NSR Enforcement; I'm Not Dead, Yet.

Is CO2 a Pollutant? What Does EPA Really Think?

Regulating CO2: How Big An Impact?

Is CAIR Beyond Repair?