Author Profile

Seth Jaffe

Seth Jaffe

Phone: 617 832 1000
Seaport World Trade Center West 155 Seaport Boulevard Boston MA 2210 United States

About

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

Recent Articles

EPA Loses -- Unanimously -- In Sackett: How Broadly Does It Sweep?

Seth Jaffe

March 21, 2012 21:54

For once, speculation about oral argument proved solid. The Supreme Court’s unanimous ruling today in Sackett v. EPA means that EPA must allow judicial review of enforcement orders issued pursuant to its authority under the Clean Water Act. The question now is what the true scope of...

RCRA Citizen Suits Are Still Constitutional

Seth Jaffe

March 14, 2012 15:20

2012 is shaping up to be the Year of the Commerce Clause.  Not only is the Commerce Clause at the center of the Supreme Court ‘s impending review of the Affordable Care Act later this spring; it is also at the heart of a statement made by a federal district judge in Voggenthaler v....

The Geneva Association Warns Governments To "Wake Up": Have They Too Drunk The Koolaid?

Seth Jaffe

March 12, 2012 10:00

Last week, the Geneva Association, which describes itself as “the leading international insurance think tank for strategically important insurance and risk management issues,” issued a report entitled “Extreme events and insurance: 2011 annus horribilis.” Quick...

New Jersey Promulgates A Regulation Permitting Waiver of Environmental Regulations: Will the Environment In New Jersey Collapse as a Result?

Seth Jaffe

March 11, 2012 14:09

Late last week, the New Jersey Department of Environmental Protection adopted a rule providing itself with the authority to waive environmental regulations in limited circumstances. According to the Daily Environmental Report, opponents of the regulation immediately attacked the rule, saying...

CEQ Issues Guidance For Streamlining NEPA Reviews: Can You Say "Content-Free"?

Seth Jaffe

March 08, 2012 09:55

The Council on Environmental Quality has released it guidance on “Improving the Process for Preparing Efficient and Timely Environmental Reviews under the National Environmental Policy Act.” As far as I can tell, the guidance provides literally nothing on improving the...