Brian M. Rayback

Brian M. Rayback

Pierce Atwood LLP

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Maine Supreme Court Affirms Broad Review Powers for BEP in Clearing Way for Wind Project

The Maine Supreme Judicial Court (the Law Court) recently issued an important decision that confirms the broad authority of the Maine Board of Environmental Protection (BEP) to review decisions of the Commissioner of the...more

10/31/2014 - Department of Environmental Protection Energy Energy Policy Environmental Policies Wind Power

Maine Supreme Court Again Declines To Allow Comprehensive Plan to Restrict Development

On October 16, 2014, the Maine Supreme Judicial Court (the Law Court) issued a decision in the case of Remmel v. City of Portland, reversing a finding by the Maine Superior Court that the Portland City Council’s approval of a...more

10/27/2014 - Economic Development Urban Planning & Development

EPA Approves Maine's NOx Waiver Request – VOC Waiver Request Still Pending

Since the mid-1990s, Maine has had an EPA-approved waiver from the ozone nonattainment new source review (NNSR) requirements for NOx covering, at a minimum, areas of the state that attain the ozone standard. The NOx waiver...more

8/13/2014 - Environmental Policies EPA Waivers

Boiler Owners Must Submit Notification to EPA by July 19, 2014

In December 2012, the U.S. EPA finalized changes to its National Emission Standards for Hazardous Air Pollutants for Area Source Boilers at 40 C.F.R. Part 63, Subpart JJJJJJ. Under this regulation, owners or operators of...more

7/10/2014 - Air Pollution Air Quality Standards Boilers EPA Reporting Requirements

Surprise -- EPA's Proposed CO2 Control Regulation Would Affect More Than Just Coal Utility Boilers

Anyone who has read the newspaper or watched the news in the past month will know that EPA has proposed a regulation that would require coal-powered plants to reduce greenhouse gas (primarily carbon dioxide (CO2)) emissions. ...more

6/30/2014 - Carbon Emissions Clean Air Act Energy Policy Environmental Policies EPA Greenhouse Gas Emissions Oil & Gas Power Plants Proposed Regulation Renewable Energy

Boiler Compliance Deadline Has Arrived!

U.S. EPA recently finalized amendments to its rules regulating boilers at small facilities all over the country. The rule, called the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial,...more

3/20/2014 - Air Pollution Boilers EPA

Massachusetts Supreme Court Endorses Broad Regulatory Authority Under The Massachusetts Endangered Species Act

On February 18, 2014, the Massachusetts Supreme Judicial Court issued a decision in Pepin v. Division of Fisheries and Wildlife that upheld the Massachusetts Division of Fisheries and Wildlife’s ( “DFW’s”) regulatory scheme...more

2/24/2014 - Endangered Species Act ESA Listings

New FEMA Flood Zone Maps: Is Your Property About To Be Included In A High Risk Zone?

The Federal Emergency Management Agency (FEMA) is set to finalize new flood zone maps for the coastal areas of New England in the next few weeks. On many of these new maps, coastal flood zones are likely to shift, putting...more

9/17/2013 - Disaster Preparedness FEMA Flood Zones

Conservation Groups Petition EPA To Require Stormwater Permits At Existing New England Sites

The Conservation Law Foundation (CLF) and other environmental groups recently filed petitions urging EPA New England, along with other EPA offices in the Mid-Atlantic and Southwest, to use EPA’s Residual Designation Authority...more

7/19/2013 - Conservation EPA Storm Water Water

DEP Proposes New Requirements For Industrial Solvent Cleaning Activities

On April 17, 2013, DEP posted to public comment proposed changes to its Chapter 130, Solvent Cleaning Regulation. The proposed changes would expand the applicability of the regulation from covering “solvent cleaning...more

4/24/2013 - Department of Environmental Protection Solvents

First Circuit Sets Low Bar For Clean Water Act Pre-Suit Notice, Making It Easier For Citizen Enforcement Actions To Move Forward

On March 13th, 2013, the United States Court of Appeals for the First Circuit held that pre-suit notice for a citizen enforcement action under the Clean Water Act (“CWA”) does not need to spell out every violation in detail. ...more

3/15/2013 - Citizen Enforcement Actions Clean Water Act EPA Pre-Suit Notice

EPA Finally Amends Its Boiler MACT Regulations And Further Defines Fuels Versus Wastes

Boiler owners beware – EPA has “finalized” its Boiler MACT, GACT, CISWI and NHSM rules and the compliance clocks have begun ticking. EPA expects the rules to affect about 200,000 boilers and that annualized compliance costs...more

2/12/2013 - Boiler MACT Rule CISWI Compliance EPA GACT Incinerators NHSM Waste

EPA Amends Requirements For Stationary Internal Combustion Engines, Including Emergency Generators

On January 30, 2013, EPA published amendments to its regulations at 40 C.F.R. Part 63, Subpart ZZZZ (aka EPA’s RICE Rule) regulating emissions of hazardous air pollutants (HAPs) from reciprocating internal combustion engines...more

1/31/2013 - Air Pollution Emergency Generators EPA

Maine DEP Amends Its Air Licensing Regulations

Recently, the Maine DEP adopted amendments to its air licensing regulations, including Chapter 100, Definitions; Chapter 115, Major and Minor Source Air Emission License Regulations; and Chapter 140, Part 70 Air Emission...more

12/12/2012 - Licenses

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