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Environmental Policies Department of Environmental Protection

Troutman Pepper

Massachusetts AG Sues Over Allegedly Mishandled Asbestos Debris From Decommissioned Power Station

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On February 14, Massachusetts Attorney General (AG) Andrea Joy Campbell filed a civil lawsuit against Holtec Decommissioning International LLC and its affiliate Holtec Pilgrim LLC (Holtec), alleging the improper handling of...more

Pierce Atwood LLP

DEP Proposes Substantive Changes to Administrative Rules

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The Maine Department of Environmental Protection (DEP) has proposed sweeping and substantive changes to its Chapter 2 rules, which govern permit applications, appeals, permit modifications and suspensions, and other...more

Burns & Levinson LLP

Who Would Have Thought: A DEP Hiring Boom!

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As the post-pandemic job market has peaked in many areas of the economy, it may seem surprising that one local employer is aggressively hiring: our own Massachusetts Department of Environmental Protection. DEP is looking to...more

Verrill

Navigating Change: DEP proposes revisions to Maine Metallic Mineral Mining Rules and Administrative Procedures

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On December 7, the Maine Board of Environmental Protection (BEP) voted to post to public comment amendments to two Department of Environmental (DEP) sets of rules. The first proposes changes to Chapter 200, Metallic Mineral...more

Verrill

Massachusetts Clean Heat Standard – No More Business as Usual for the Heating Sectors

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The Massachusetts Department of Environmental Protection (MassDEP) is gearing up for a massive regulatory effort aimed at reducing greenhouse gas emissions from the residential heating sector and the commercial and industrial...more

Verrill

Bonnie Heiple, MassDEP’s New Commissioner, Among Fellow Attorneys Heading the Commonwealth’s Environmental Agencies

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The Healey Administration has followed a well-traveled path in appointing Bonnie Heiple, a respected environmental and energy attorney from a large Boston law firm (WilmerHale), as Commissioner of MassDEP. The Patrick...more

Beveridge & Diamond PC

Three Key Takeaways of New Jersey DEP’s Proposed EJ Rules

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On June 6, the New Jersey Department of Environmental Protection (DEP) officially published the highly-anticipated proposed implementing rules of the state’s Environmental Justice Law, N.J.S.A. 13:1D-157. The statute requires...more

K&L Gates LLP

PADEP Releases Updated Environmental Justice Policy for Public Comment

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On 11 March 2022, the Pennsylvania Department of Environmental Protection (DEP) released for public comment a draft updated Environmental Justice Policy (Draft EJ Policy), which would significantly expand the scope of DEP’s...more

Pierce Atwood LLP

EPA Approves Maine DEP Proposal to Opt Out of Ozone Transport Region

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In a process that began under the LePage Administration, and then continued after revisions from the Mills Administration, the Environmental Protection Agency (EPA) has finally granted a petition from the Maine Department of...more

Holland & Knight LLP

Proposed MEPA Regulations Leave Key Substantive Questions Unanswered

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After commencing a regulatory review effort in February 2021, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) has issued proposed amended Massachusetts Environmental Policy Act (MEPA) regulations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Refrigerants/Air Enforcement: U.S. Environmental Protection Agency and Brook Park, Ohio, Recycling Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and KB Trading, Inc. (“KB”) entered into a Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Clean Air Act regulations addressing: ....more

Holland & Knight LLP

Massachusetts Offers Opportunities for Stakeholder Engagement to Address Transportation Emissions

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Greenhouse gas (GHG) emissions from transportation are a major focus of the recently issued Massachusetts 2050 Decarbonization Roadmap (the Roadmap) and the Massachusetts Clean Energy and Climate Plan (CECP) for 2030. ...more

Troutman Pepper

New Jersey Passes Significant Environmental Justice Legislation

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Environmental justice has received greater attention in 2020, both because it is an election year, but also because of the increased focus on racial inequality since the killing of George Floyd in May 2020. Many states are...more

Pierce Atwood LLP

Update: First Circuit Revises Prior Decision to Vacate Air Permit in Light of Material Developments

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As discussed previously in Pierce Atwood’s Energy Infrastructure Blog, on June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection...more

Gray Reed

The Fracking Fracas, Part 2

Gray Reed on

Last week’s discussion of the Pennsylvania Grand Jury’s report on alleged failures in enforcement of hydraulic fracturing is worthy of a follow-up. Here, combined into one document, is the Grand Jury’s report, the Department...more

Pierce Atwood LLP

First Circuit Vacates Air Permit Due to Inadequate BACT Analysis

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On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by...more

Pierce Atwood LLP

First Circuit Compressor Station Decision Vacates DEP Air Permit, Addresses Environmental Justice and Noise Issues

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On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) and remanded the matter to the agency for further analysis. The...more

Ballard Spahr LLP

New Jersey Sets Stringent PFAS Standards

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The New Jersey Department of Environmental Protection’s latest action creates several statewide environmental standards for three PFAS contaminants: perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and...more

Troutman Pepper

NJ Emergency Rule Modifies Site Remediation Timeframes In Response To COVID-19

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On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more

Greenbaum, Rowe, Smith & Davis LLP

DEP Issues Guidance Regarding Compliance Challenges Arising from COVID-19

On April 21, 2020, the New Jersey Department of Environmental Protection (DEP) issued two Environmental Compliance and Enforcement Alerts providing guidance to DEP-regulated entities that may be experiencing compliance...more

Greenbaum, Rowe, Smith & Davis LLP

DEP Upgrades of NJ Water Bodies to Category One Status Trigger Significant Land Use and NJPDES Discharge Restrictions on...

The New Jersey Department of Environmental Protection (DEP) published its final rule on April 6, 2020 approving Category One status for 600 of the 749 miles of New Jersey streams and lakes that it had originally proposed for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

COVID-19 Guidance: U.S. Environmental Protection Agency/Massachusetts Department of Environmental Protection Addressed Site...

Environmental agencies have begun considering the impact of COVID-19 on various investigation, site fieldwork and remediation activities. Current examples include guidance issued by the United States Environmental...more

Ballard Spahr LLP

PADEP Updates Chapter 102 Earth Disturbance Permitting Guidance

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The Pennsylvania Department of Environmental Protection (PADEP) has updated guidance for holders of certain environmental permits, further impacting the ability of non-essential construction projects to proceed....more

Carlton Fields

Florida Department of Environmental Protection Issues Environmental Order for COVID-19-Related Time Extensions

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Citing the various executive orders issued by the governor related to the COVID-19 emergency, the Florida Department of Environmental Protection issued an emergency final order of its own on April 1, 2020, for certain...more

Fox Rothschild LLP

PA Department Of Environment Protection Issues COVID-19 Guidance

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In response to the COVID-19 emergency, and consistent with Gov. Tom Wolf’s Proclamation of Disaster Emergency of March 6, 2020, the Pennsylvania Department of Environmental Protection (PADEP) has developed guidance for those...more

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