Pierce Atwood LLP

Merrill's Wharf 254 Commercial Street
Portland, ME 04101, United States

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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 Maine…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

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
| Civil Procedure, Zoning, Planning & Land Use, Real Estate - Residential

Virtual Marking for Patented Articles

The AIA introduced many changes to US patent law, including an amendment to 35 USC 287, which is frequently referred to as the “marking” statute. Marking a patented article provides constructive notice to the public of the…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. AUGUSTA FOCUSED ON ELECTIONS - With less than three weeks to go until November’s elections,…more
| Elections & Politics

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

Army Corps Drops Regional Permit - The Army Corps has announced that it has abandoned the idea of establishing a regional general permit for the New England states. The proposal would have replaced the individual state…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Science, Computers, & Technology

Exemptions for Excess Emissions During Startup, Shutdown, and Malfunction Are In Jeopardy – What Can You Do?

For many years, a number of state air regulations, including certain MEDEP, NHDES, and RIDEM regulations, have contained exemptions and/or affirmative defenses for excess air emissions occurring during startup, shutdown and/or…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Maine Senate Confirms 50 of 51 Gubernatorial Nominees - On September 30th, the Maine Senate…more
| Agriculture, Education, Elections & Politics, Environmental Law, Indigenous Peoples

Does Your Notice of Default and Right to Cure Letter Comply with Maine Law?

The Maine Law Court’s recent decision Bank of America, N.A. v. Greenleaf, 96 A.3d 700 (Me. 2014) has drawn significant attention to the issue of a mortgagee’s standing to foreclose a mortgage it holds by assignment from Mortgage…more
| Finance & Banking, Real Estate - Residential

Caution: Your Mobile App May Unintentionally Violate COPPA

As online activity shifts to mobile devices, regulators are watching. Last week, Yelp agreed to settle a claim with the FTC for $450,000 for its alleged violations of the Children’s Online Privacy Protection Act (COPPA). As…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy

Maine DEP Proposes Hazardous Waste Rule Changes

Last week, the Maine Department of Environmental Protection (“DEP”) announced a proposal to amend its Hazardous Waste rules to allow certain paints to be managed as universal waste. While the proposed rules may appear limited…more
| Environmental Law

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Gubernatorial Nominations Being Announced, Senate Confirmation Session Set - Over the past…more
| Elections & Politics, Energy & Utilities, Environmental Law, Insurance, Science, Computers, & Technology

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

This monthly publication provides information on compliance deadlines, regulatory developments, and other developments in federal, Maine, Massachusetts, and New Hampshire environmental and land use laws. NEW REGULATORY…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Under the Dome: Inside the Maine State House

At the end of August, Speaker of the Maine House, Mark Eves, announced a $65 million housing bond proposal for affordable housing for seniors, pay increases for in-home care workers and expanded property tax credits for seniors…more
| Elections & Politics, Health, Real Estate - Residential

Under the Dome: Inside the Maine State House

While most attention in Augusta now is on politics, specifically the ins and outs of the Governor’s race, some policy discussions remain ongoing in Augusta. This week, the Appropriations and Financial Affairs Committee held an…more
| Elections & Politics

EPA Approves Maine's NOx Waiver Request – VOC Waiver Request Still Pending

Since the mid-1990s, Maine has had an EPA-approved waiver from the ozone nonattainment new source review (NNSR) requirements for NOx covering, at a minimum, areas of the state that attain the ozone standard. The NOx waiver has…more
| Environmental Law, Zoning, Planning & Land Use, Science, Computers, & Technology
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