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Maine DEP Marches Toward Rulemaking on its Wind Energy Standards Rule

Expecting to initiate a formal rulemaking in March of this year, the Maine Department of Environmental Protection (DEP) invited final public comment on its pre-rulemaking draft Wind Energy Standards rule at a workshop held on...more

Maine DEP Developing New Rule For Wind Power Projects

The Maine Department of Environmental Protection has announced that it is developing a new Site Law rule that will address certain development standards for wind projects. The standards that will be addressed by the new rule...more

EPA's Proposed Water Quality Standards Rule Applicable to Maine

On April 20, 2016, the Environmental Protection Agency (EPA) proposed federal water quality standards that would apply to certain waters in Maine in place of existing Maine standards that EPA has disapproved. The proposed...more

When Can You Appeal a Local Permitting Decision? It Just Got More Complicated.

On Tuesday, the Maine Supreme Judicial Court (SJC) issued a decision addressing when someone can appeal to court a local board decision that is related to another local board decision, and concluded that the appeal can be...more

Maine BEP Provisionally Adopts DEP's Proposed Revisions to Site Law Rules

On October 2, 2015, we reported on the Maine Department of Environmental Protection’s (DEP’s) proposal to revise three chapters of its rules under the Site Location of Development Law (Site Law), the statute under which the...more

U.S. District Court Denies Penobscot Nation's Claim to Penobscot River

On December 16, 2015, Judge Singal issued his decision in the Penobscot Indian Nation v. Mills lawsuit, in which the Penobscot Indian Nation (PIN) had claimed that their reservation included the entire main stem of the...more

12/16/2015  /  Tribal Lands , Water Rights

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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