Matthew D. Manahan

Matthew D. Manahan

Pierce Atwood LLP

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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

A Potential Trap for Appeals to Local Zoning Boards of Appeals

A ruling this month by the Maine Supreme Judicial Court (SJC) in Campbell v. City of South Portland, 2015 ME 125, could have fatal implications for some land use appeals. In Campbell, the building inspector issued a...more

9/25/2015 - Appeals Building Inspectors Compliance Land Use Courts

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

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

Water, Water everywhere …

There were two court decisions this week regarding regulation of Maine rivers, one from the Maine Supreme Judicial Court, Watts v. BEP, and one federal, Friends of Merrymeeting Bay v. Hydro Kennebec, LLC. ...more

7/21/2014 - Clean Water Act Critical Habitat Dams ESA Habitat Conservation Plan Hydropower Inland Waterways Takings Water Water Quality Control Boards

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

New ASTM Environmental Site Assessment Standard

Many are familiar with the “Phase I Environmental Site Assessment Standard” issued by ASTM, used for satisfying “All Appropriate Inquiry” for environmental contamination. Last week, ASTM issued a revised standard, Phase I...more

11/13/2013 - ASTM Environmental Assessments Environmental Policies EPA

The 2013 U.S. Supreme Court Takings Trilogy

It’s the last week of the U.S. Supreme Court’s term, so the big 5-4 decisions are out. Tuesday the big decision was Koontz v. St. Johns River, a takings case. This completes the trilogy of takings cases in front of the...more

6/28/2013 - Dolan v City of Tigard Fifth Amendment Koontz v St John's River Water Management Nexus Nollan v California Coastal Commission Permits Rough Proportionality Test SCOTUS Takings

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

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

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

Informational Meeting For DEP Contracting Procedures

Our Government Relations and Environmental & Land Use Practice Groups would like to share with you an important notice from the Maine Department of Environmental Protection. Informational Meeting for DEP Contracting...more

2/4/2013 - Bids Construction Contracts Contracting Procedures Department of Environmental Protection Request for Proposals

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


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


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