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EPA Designates Two PFAS as Hazardous Substances

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced that it was designating two common per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response,...more

MassDEP Proposes Changes to Chapter 91 Regulations

Applicants for new/renewed licenses must address climate issues - The Massachusetts Department of Environmental Protection (MassDEP) is proposing regulatory revisions in response to the effects of a changing climate,...more

Effective Immediately, EPA and Army Corps Drastically Reduce Federal Jurisdiction Over Wetlands

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published in the September 8th Federal Register a final rule to amend the “Revised Definition of ‘Waters of the United States’” rule....more

Supreme Court Limits Federal Jurisdiction Over Wetlands

Perhaps settling a debate that has been raging for at least 20 years, the U.S. Supreme Court issued a decision today in Sackett v. EPA that is intended to settle, once and for all, the scope of federal power over wetlands. ...more

Update: EPA Issues Proposed Rule for PFOA and PFOS in Drinking Water

As expected, and as described in our March 15 client alert, EPA today published in the Federal Register its first-ever National Primary Drinking Water Regulation (NPDWR) for six PFAS substances in drinking water....more

Mass. SJC: $3.5 Million Payday for Torrent of Errant Golf Balls Not a Fore-Gone Conclusion

A Kingston couple was dealt a significant blow days before Christmas when the Supreme Judicial Court (SJC) set aside a jury verdict awarding them $3.5 million in damages for errant golf balls hitting their property. In...more

EPA Proposes Changes (Again) to CWA Water Quality Certification Rule

Recently, the Environmental Protection Agency (EPA) issued a proposed rule to replace existing regulatory requirements for water quality certifications under Section 401 of the Clean Water Act (CWA)....more

Mass. High Court: Three-Year Clock for Wetlands Protection Act Enforcement Actions Re-Starts With Every Sale of Property

The Massachusetts Supreme Judicial Court (SJC) recently handed a victory to a conservation commission seeking to impose an enforcement order on a property owner who bought land containing unauthorized fill placed there by a...more

Federal Government Takes More Steps Toward Regulating PFAS

On July 21, 2021, the U.S. House of Representatives approved a bill to designate two per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and...more

SEPs Are Back: Biden Administration Rescinds Ban on Supplemental Environmental Projects

In March 2020, the U.S. Department of Justice Environment and Natural Resources Division (ENRD) issued a memorandum ceasing the use of Supplemental Environmental Projects (SEPs) as part of settlements of federal environmental...more

MassDEP Extends Comment Period on Draft Solid Waste Master Plan

The Massachusetts Department of Environmental Protection (MassDEP) has scheduled additional online public hearings and extended the comment period on the Draft 2030 Solid Waste Master Plan. Issuance of the final plan is...more

COVID-19: EPA Announces Termination of COVID-19 Enforcement Policy

Businesses and others that suspended environmental monitoring and reporting during the Coronavirus pandemic should plan to resume those activities as of September 1, 2020.   ...more

Wrong Procedure Costs City $1 Million Dollar Judgment Against Developer it Fined for Building Without Permits

In a striking blow, stripping a city of a judgment of nearly $1 million, the Massachusetts Appeals Court recently reversed a superior court summary judgment awarding fines to the City of Haverhill for a developer’s violations...more

Environmental Enforcement During the COVID-19 Crisis

The COVID-19 pandemic has triggered many restrictions on travel and personnel, leading many businesses and industry groups to wonder whether companies will face enforcement actions if they fail to comply with environmental...more

Mass. Appeals Court Broadly Construes Two-Year Bar on Repetitive Zoning Amendments

In one of its noteworthy zoning decisions of late 2019, the Massachusetts Appeals Court interpreted the “two-year bar” for zoning amendments contained in M.G.L. c. 40A, § 5, sixth par. In Penn v. Town of Barnstable, the...more

Under Massachusetts Zoning Law, Abutter’s Presumptive Standing to Appeal Can Be Rebutted Even if Unchallenged by Defendant

There’s no shortage of case law on the issue of standing to maintain a zoning appeal. A case decided by the Appeals Court reminds us why the issue is still being discussed after all these years....more

No Right to Jury Trial for Regulatory Taking Claim: Pierce Atwood Partner Michelle O’Brien Successfully Argues Before...

Resolving an issue not previously decided by Massachusetts appellate courts, the Massachusetts Appeals Court ruled that a landowner is not entitled to a jury trial on a regulatory taking claim....more

Trustee Of Realty Trust Saved From Application Of Merger Doctrine (At Least For Now)

The merger doctrine is alive and well in Massachusetts zoning law. In its recent decision in Kneer v. Zoning Board of Appeals of Norfolk, the Appeals Court examined whether the doctrine applies to property owned by a realty...more

Mass. SJC Expands Time For Bringing Property Damage Claims Under Chapter 21E

Lawsuits to recover cleanup costs and property damages resulting from environmental contamination can be expensive and time-consuming. Plaintiffs should be sure their claims are timely before embarking on the litigation...more

When Is A Park Constitutionally Protected Parkland? Mass. SJC Re-Examines Test Under Article 97

In a decision of interest to municipalities, conservation groups, and land use experts, the Massachusetts Supreme Judicial Court (SJC) recently decided that a public playground in the City of Westfield is parkland protected...more

Massachusetts Seeks Delegation of Clean Water Act Permitting Program

Massachusetts is known for its comprehensive and innovative environmental laws and regulations. One exception has been the administration of the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES)...more

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

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

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