John M. Formella

John M. Formella

Pierce Atwood LLP

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Changes To The Massachusetts Contingency Plan Could Affect Your Cleanup

After a long rulemaking with many hundreds of comments, the Massachusetts Department of Environmental Protection (MassDEP) has just adopted major updates to the state’s cleanup program, known as the Massachusetts Contingency...more

5/12/2014 - Environmental Site Assessment MassDEP Public Comment Rulemaking Process

Maine Supreme Court Clears Geologist In Ethical Dispute

Last week the Maine Supreme Judicial Court (the “Law Court”) issued a decision that reversed a determination by the Maine Board of Certification for Geologists and Soil Scientists (the “Board”) that a certified geologist had...more

3/17/2014 - Department of Environmental Protection Disciplinary Proceedings Ethics

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

EPA's New Solvent Wiper Rule Wipes Out Maine's Policy

For many years, both the U.S. Environmental Protection Agency (EPA) and the State of Maine Department of Environmental Protection (DEP) have wrestled with the practical question of how solvent-contaminated wipes should be...more

2/4/2014 - Contamination Department of Environmental Protection EPA Hazardous Substances Preemption Solvents Waste

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

MEDEP Approves Weekly Hazardous Waste Inspection, Aligns Hazardous Matter Reporting Rules

On August 20, 2013, the Maine Department of Environmental Protection (DEP) approved important changes to simplify hazardous waste compliance and reporting. Adopting proposals from earlier this summer that the business...more

8/26/2013 - Environmental Policies Environmental Protection Authority Hazardous Substances Reporting Requirements

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

NH Supreme Court Broadens Scope Of Review For Certain Wetland Permits

On June 5, 2013, the New Hampshire Supreme Court vacated a decision of the Wetlands Council for failing to consider the total wetlands impact of a project. ...more

6/24/2013 - Permits Wetlands

MEDEP To Allow Weekly Hazardous Waste Inspection, Align Hazardous Matter Reporting Rules

In a set of proposals just released, the Maine Department of Environmental Protection (DEP) is set to reform its hazardous waste and hazardous matter rules for the first time in years. ...more

6/3/2013 - Department of Environmental Protection Hazardous Substances Investigations Reporting Requirements

Massachusetts Packaging Plant Pays Nearly $485K Penalty For Environmental Violations

A packaging company in Dudley, MA has agreed to pay $484,900 in penalties to settle EPA claims that the company violated numerous federal and state regulations. The violations occurred at the company’s liquid and aerosol...more

4/17/2013 - Clean Air Act Clean Water Act Environmental Liability EPA EPCRA Hazardous Substances Manufacturing Facilities

NH Supreme Court Says Unlawful Operation Of Solid Waste Facility Or Septic System Can Result In Criminal Penalties

On March 20, 2013, the New Hampshire Supreme Court issued a decision in State v. Guay, holding that the defendant’s unlawful operation of a solid waste facility or septic system can result not just in civil fines, but also in...more

3/26/2013 - Civil Monetary Penalty Criminal Sanctions Septic Waste Wastewater

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

NH Supreme Court Reverses Recent Decision Regarding Restrictions On Excavation Permitting

In a November 16, 2012 alert, we discussed the New Hampshire Supreme Court’s November 9, 2012 decision in Town of Carroll v. Rines. That decision concluded that state law preempts certain municipal restrictions on excavation...more

2/13/2013 - Excavation Exemptions Permits Preemption Reversal

Federal Judge Dismisses Atlantic Salmon ESA, CWA Claims Involving Maine Dams

On Monday, January 14, U.S. District Court Judge George Singal dismissed Endangered Species Act (ESA) and Clean Water Act (CWA) claims against several dam owners and operators located along the Kennebec and Androscoggin...more

1/22/2013 - Clean Water Act Dams Endangered Species Act Incidental Take Permits Permits Salmon

NH Supreme Court Rules That State Law Preempts Municipal Restrictions on Excavation Permitting

On November 9, 2012, the New Hampshire Supreme Court issued its decision in Town of Carroll v. Rines (“Rines”), invalidating certain municipal regulations that limited excavations....more

11/19/2012

Massachusetts DEP Regulatory Efficiency Reforms Move Forward

Launched in April 2011, the Massachusetts Department of Environmental Protection’s (MassDEP’s) Regulatory Reform Initiative is moving toward its goal of streamlining permitting and other processes, and boosting efficiency....more

11/14/2012

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