John M. Formella

John M. Formella

Pierce Atwood LLP

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Latest Publications


Maine DEP Proposes Revisions to Site Law Rules

The Maine Department of Environmental Protection (DEP) is proposing revisions to three chapters of its rules under the Site Location of Development Law (Site Law), the statute under which the DEP regulates projects of state...more

10/2/2015 - Construction Industry Construction Project Construction Site Department of Environmental Protection Land Developers Mixed-Use Zoning Public Hearing Site Plans Solid Waste Water Supplies

EPA Proposes Changes to Hazardous Waste Generator Rules and a New Management of Hazardous Waste Pharmaceuticals Rule

The U.S. Environmental Protection Agency (EPA) is proposing two new hazardous waste rules that EPA believes will strengthen environmental protection and reduce regulatory burdens. The first is an update to the hazardous...more

9/16/2015 - EPA Federal Register Hazardous Waste Healthcare Facilities Pharmaceutical Industry

2015 Summary of Key Maine Environmental Legislation

The Pierce Atwood Environmental and Land Use Practice Group is pleased to provide the 2015 Summary of Key Maine Environmental Legislation enacted or carried over in the First Regular Session of Maine's 127th Legislature...more

7/31/2015 - Community Development Conservation Contamination Department of Environmental Protection Endangered Species Flood Zones Food Labeling GMO Groundwater Landfills Mining Offshore Wind Oil & Gas Pesticides Property Owners Recycling Renewable Energy Solid Waste State Budgets Storm Water Timber Toxic Chemicals Toxic Exposure Trees Water Workplace Hazards Workplace Safety

Northern Long-Eared Bat Listed as Threatened Species – Development Projects in Northern New England Could Be Affected

On April 2, 2015, the U.S. Fish and Wildlife Service (Fish & Wildlife) issued a final rule listing the Northern Long-Eared Bat (NLEB) as a threatened species under the Endangered Species Act (ESA). This listing took effect...more

5/12/2015 - Environmental Policies ESA ESA Listings Habitat Conservation Plan Interim Rule Land Developers US Fish and Wildlife Service

Maine DEP Finalizes Amendments to Revamp Solid Waste Rules

We recently reported on the Maine Department of Environmental Protection’s (DEP) numerous proposed changes to Maine’s solid waste rules. These changes were proposed largely in response to legislation passed during the past...more

4/9/2015 - Department of Environmental Protection Proposed Amendments Rulemaking Process Solid Waste Waste Management

Maine DEP Revises Universal Waste Rules, Adds Regulations for Architectural Paint

In March, the Maine Department of Environmental Protection (DEP) revised the state’s hazardous waste and universal waste regulations, based on a fall 2014 proposal.  There are several particularly important changes to the...more

4/2/2015 - Amended Regulation Hazardous Waste

EPA Rewrites Hazardous Waste Recycling Rules (Again)

The U.S. EPA recycling rules for “hazardous secondary materials” have been like the mathematical word problems you wanted to avoid on the algebra test: complicated and mind-bending. But what wastes are exempted from...more

12/16/2014 - EPA Hazardous Substances Recycling Waste Disposal

Maine DEP Proposes to Revamp Solid Waste Rules

The Maine Department of Environmental Protection (DEP) issued several public notices detailing numerous proposed changes to Maine’s solid waste rules. These changes are being proposed largely in response to legislation passed...more

11/4/2014 - Environmental Policies Solid Waste Waste Waste Disposal

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

Maine DEP Proposes Hazardous Waste Rule Changes

Last week, the Maine Department of Environmental Protection (“DEP”) announced a proposal to amend its Hazardous Waste rules to allow certain paints to be managed as universal waste. While the proposed rules may appear...more

9/25/2014 - Amended Regulation Hazardous Substances Public Meetings Recycling Waste Waste Disposal

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 - 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

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