News & Analysis as of

State and Local Government Department of Environmental Protection

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

Beveridge & Diamond PC

Maine DEP Requests Proposals on Currently Unavoidable Uses of PFAS in Products

Maine’s Department of Environmental Protection (DEP) is soliciting proposals for currently unavoidable use (CUU) designations under the state’s statute regulating the use of perfluoroalkyl and polyfluoroalkyl substances...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

Holland & Knight LLP

Florida Law Increases Permit Extensions, Makes Changes Regarding Natural Emergencies

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Florida was hit by Hurricane Ian in September 2022 and Hurricane Nicole in November 2022, both of which caused severe damage to various parts of the state. In response to these disasters, the Florida Legislature enacted...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

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

Petroleum Aboveground Storage Tanks/Responsibility for Regulatory Compliance: Administrative Challenge Filed to Pennsylvania...

A question that occasionally arises with petroleum underground storage tanks (“USTs”) and aboveground storage tanks (“ASTs”) is the various parties that may be responsible for complying with the relevant federal and state...more

Greenbaum, Rowe, Smith & Davis LLP

Dirty Dirt Law Update: DEP Extends Compliance Deadlines, Opens Registration Process and Establishes Safe Harbor From A-901...

What You Should Know •The DEP has issued a new Compliance Advisory to provide clarity to New Jersey’s regulated community on the applicability of the Dirty Dirt Law- •The deadlines for businesses that provide soil and...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

Bricker Graydon LLP

Ohio EPA issues water quality certification for NWPs

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On October 13, 2021, Ohio EPA issued its water quality certification pursuant to Section 401 of the Clean Water Act for the 41 nationwide permits (NWPs) that are currently set to expire on March 18, 2022.  NWPs offer a...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

Lowenstein Sandler LLP

New Jersey Establishes Tax Credit Program For Brownfields Cleanup And Redevelopment

On January 7, Governor Murphy signed into law the Brownfields Redevelopment Incentive Program Act (the Brownfields Act) as part of the broader New Jersey Economic Recovery Act of 2020 (the Recovery Act) (A4/S3925). The...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Enacts Permit Extension Act Of 2020 to Address Delays Caused By COVID-19 Pandemic

The Permit Extension Act of 2020, which New Jersey Governor Phil Murphy signed into law on July 1, 2020, will have a significant impact on pending real estate projects – both those that have received government approvals and...more

Pierce Atwood LLP

First Circuit Vacates Air Permit: Natural Gas Pricing and Supply in New England Potentially Impacted

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The U.S. Court of Appeals for the First Circuit recently vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by Algonquin...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

Shutts & Bowen LLP

Tolling and Extensions of Permits and Other Authorizations

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On March 9, 2020, Governor DeSantis issued statewide Executive Emergency Order EO 20-52 for COVID-19 that expired on May 8, 2020. On May 8, the Governor issued a renewal and ratification of EO-52 in EO 114 that will expire on...more

Troutman Pepper

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

Troutman Pepper on

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

New Jersey DEP Proposes Significant Overhaul of Remediation Standards Required for Contaminated Sites

The New Jersey Department of Environmental Protection (DEP) has published a proposal for an extensive regulatory overhaul of its remediation standards for contaminated sites, codified at N.J.A.C. 7:26D....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

Greenbaum, Rowe, Smith & Davis LLP

Beware of Dirty Dirt: New Jersey Enacts Stringent Licensing Requirements for Soil and Recycle Fill Providers; Providers of Soil...

Nearly a decade has passed since the New Jersey State Commission of Investigation (SCI) first reported on soil and fill providers circumventing New Jersey state laws restricting the use of recycled soil and fill materials. ...more

Morgan Lewis

COVID-19 in Pennsylvania: Department of Environmental Protection Cancels Public Meetings

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As the coronavirus (COVID-19) pandemic continues, state government agencies are increasingly responding with closures and cancellations. In Pennsylvania, the Department of Environmental Protection recently cancelled seven...more

Pierce Atwood LLP

Maine PFAS Task Force Issues Report and Maine Legislature Considers Amending State's Superfund Law

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Maine is taking several major steps in addressing per- and polyfluoroalkyl substances (PFAS). The Maine PFAS Task Force just issued its final report, which included a significant number of recommendations that are likely to...more

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