Seth Jaffe

Seth Jaffe

Foley Hoag LLP

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Governor Baker’s Executive Order on Change: Good News; Still Work To Be Done By MassDEP

Last Friday, Governor Baker issued Executive Order 569, “Establishing an Integrated Climate Change Strategy for the Commonwealth.” EO 569 will advance climate policy in Massachusetts in a number of important ways. It also...more

9/19/2016 - Climate Action Plan Climate Change Executive Orders Global Warming Solutions Act Governor Baker Greenhouse Gas Emissions MassDEP Oil & Gas

One Final Word on Peterborough Oil: Yes, MTBE Is An Additive

The final answer to the critical issue raised by the recent Peterborough Oil Company decision is that MTBE is an additive and is not, in MassDEP’s view, subject to the “oil exemption” under the Massachusetts Contingency Plan....more

6/9/2016 - Chemicals EPA Exemptions Groundwater Hydrocarbons MassDEP Oil & Gas PRP

More on the Peterborough Oil Case: Is MTBE An “Additive”?

Since yesterday’s post on the Peterborough Oil case, a little birdie told me that MassDEP may be taking the position that MTBE is covered by the “oil exemption”, because it is a hydrocarbon. If so, that would be good news...more

6/8/2016 - Chemicals EPA Exemptions Hydrocarbons MassDEP Oil & Gas PRP

When Is Gasoline Not Oil (At Least In Massachusetts)? When It’s Leaded, Of Course.

Unlike CERCLA, the Massachusetts Superfund law, Chapter 21E, does include oil within its ambit. However, oil is not treated exactly the same as hazardous materials. One difference is that, in 2007, MassDEP revised the...more

6/7/2016 - Exemptions Hazardous Substances MassDEP Oil & Gas Oil Spills Superfund Water Supplies

The Global Warming Solutions Act Requires MassDEP to Promulgate Declining Annual GHG Emissions Limits for Multiple Sources: ...

On Tuesday, the Supreme Judicial Court ruled that MassDEP had violated the Global Warming Solutions Act by failing "To promulgate regulations that address multiple sources or categories of sources of greenhouse gas emissions,...more

5/18/2016 - Climate Change Global Warming Greenhouse Gas Emissions MassDEP

MassDEP Has A Lot of Discretion in Implementing the Global Warming Solutions Act

Unsatisfied with the pace of the administration’s implementation of the Global Warming Solutions Act, the Conservation Law Foundation sued the Massachusetts Department of Environmental Protection, seeking a court order...more

5/22/2015 - Global Warming Solutions Act MassDEP

The Stormwater Mess Continues in Massachusetts: CLF and CRWA Sue EPA

In February, we noted that the Conservation Law Foundation and the Charles River Watershed Association had threatened to sue EPA for failing to require that “commercial, industrial, institutional, and high density residential...more

4/30/2015 - Discharge of Pollutants EPA MassDEP Storm Water Stormwater Discharge Permits

If MassDEP Cannot Promulgate New Regulations Absent Compliance with Executive Order 562, What About Guidance Documents?

For your humble blogger, Executive Order 562, recently issued by Governor Baker, is the gift that keeps on giving. Receipt of a notice today regarding MassDEP’s consideration of its draft vapor intrusion guidance document...more

4/13/2015 - Executive Orders Governor Baker MassDEP Vapor Intrusion Guidance

Here’s Another Nice Mess: Executive Order 562 Claims Its First Victim

Last Friday, I posted about Governor Baker’s Executive Order 562, which requires cost-benefit analysis, cost effectiveness analysis – and more – before state agencies can promulgate regulations. It took less than a week...more

4/10/2015 - Clean Energy Executive Orders Governor Baker MassDEP

MassDEP — A Voice of Reason in the Stormwater Permitting Debate

EPA has been working to craft a general permit for small Municipal Separate Storm Sewer Systems for quite some time. The most recent draft permit, published last September, has received significant comment, most recently...more

3/3/2015 - EPA General Permit MassDEP Storm Water

MassDEP Regulatory Reform Release 2.0: Wetlands, Water, and Waterways

In addition to its MCP package, MassDEP has also released its formal regulatory reform proposals for its water, wastewater, wetlands, and waterways programs. As with the MCP proposal, the water package took longer than it...more

3/6/2013 - MassDEP Wastewater Water Wetlands

MassDEP Formally Proposes MCP Reforms: It’s About Time? Job Well Done? Definitely Both.

On Friday, MassDEP issued the formal public comment draft of its package of regulatory reforms under the Massachusetts Contingency Plan. Overall, it’s certainly a good package, which will facilitate getting to an endpoint...more

3/4/2013 - MassDEP

MassDEP Tightens TCE Indoor Air Regulation: The $64,000 Question? What About Closed Sites?

Last week, MassDEP released new guidance on how it is assessing exposures to TCE in light of EPA new assessment of TCE risks released in September 2011. The biggest issue is that concerns about fetal exposure have caused...more

1/30/2013 - Air Quality Standards EPA Imminent Harm MassDEP

MassDEP Issues a New Solid Waste Master Plan: A Difficult Road to Achieve Some Ambitious Goals

Late last week, MassDEP announced release of the 2010-2020 Solid Waste Master Plan, subtitled “Pathway to Zero Waste.” James Collins might describe that as a Big Hairy Audacious Goal. I have nothing against Big Hairy...more

12/18/2012 - Landfills MassDEP

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