Matthew D. Manahan

Matthew D. Manahan

Pierce Atwood LLP

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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

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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