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John M. Formella

John M. Formella

Pierce Atwood LLP


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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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