Searching Content by Kathleen Brill from Foley Hoag LLP ordered by Published Date Descending.
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NGOs Again Fail To Establish That EPA Has A Non-Discretionary Duty Under The CWA Stormwater Regulations
Judge George Russell has ruled that EPA does not have non-discretionary duty under the Clean Water Act to determine whether commercial, institutional, and industrial users contribute to a violation of water quality criteria in the Back River watershed.
United States
13 Feb 2018
We'll Always Have RGGI: Paris Or No Paris, New England And Mid-Atlantic States Continue To Lead On Greenhouse Gas Emission Reductions
Yesterday, Massachusetts and the eight other New England and Mid-Atlantic states that participate in the Regional Greenhouse Gas Initiative announced a proposed plan for the continued implementation...
United States
31 Aug 2017
MassDEP Issues Final Pile Field Determination: Get Fixin'!
Back in September and February, we wrote about MassDEP's Proposed Interpretation of Chapter 91 regulations, which attempted to provide guidance to the regulated community on the conditions...
United States
21 Jun 2017
South Florida — The Front Lines Of Climate Change?
Two related items about climate change resilience and adaptation caught my eye this week.
United States
27 Apr 2017
Six Years In The Making, New Ch. 91 Flexibility Washes Ashore
Last month, MassDEP and the Massachusetts Office of Coastal Zone Management released long-awaited revisions to the regulations governing waterfront development in Massachusetts.
United States
7 Apr 2017
The Conservative Case For Chevron Deference, Chapter 3 (Plus An Auer Bonus!)
Affirming EPA decisions to give a regulated entity more flexibility in how it attains compliance...
United States
31 Mar 2017
CLF Takes Its MHP Fight Across The Fort Point Channel
In that suit, CLF alleged that the Secretary's decision approving the plan was arbitrary and capricious.
United States
21 Mar 2017
CLF Questions Secretary's Chapter 91 Discretion
Last week the Conservation Law Foundation (CLF) announced it has filed suit against EOEEA Secretary Beaton and DEP Commissioner Suuberg for actions associated with the approval of an amendment to the South Boston Waterfront District Municipal Harbor Plan.
United States
9 Mar 2017
The Latest On The DEP's "Pile Policy": If The Tides Rise, Do Structures Still "Exist"?
Back in September, we wrote about MassDEP's Proposed Interpretation of Chapter 91 regulations...
United States
1 Mar 2017
Trump Signs Executive Order Expediting Environmental Permitting For High Priority Infrastructure
In one of the first acts of his presidency, Donald Trump signed an Executive Order entitled "Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects".
United States
2 Feb 2017
MassDEP: The Rising Tide May Steal Your Development Rights
Through the Commonwealth's Chapter 91 program, MassDEP regulates what can be built over tidelands.
United States
30 Sep 2016
MassDEP And CZM Propose Changes To Chapter 91 Regulations
MassDEP and the Commonwealth's office of Coastal Zone Management recently proposed draft changes to the Designated Port Area and Facility of Public Accommodation regulations under the Chapter 91 program.
United States
25 Apr 2016
EPA Releases Long-Awaited MS4 Permit For Massachusetts
As announced in the Federal Register this week, EPA finally released the General Permit for small Municipal Separate Storm Sewer Systems in Massachusetts (say that three times fast!)
United States
21 Apr 2016
About Those Calls From MassDEP…
Last month, we wrote about MassDEP's trichloroethylene (TCE) site reevaluation initiative. MassDEP has begun the process of screening sites previously closed under the MCP to look for sites...
United States
5 Apr 2016
MassDEP Releases Long-Awaited LNAPL Guidance
MassDEP recently published its final guidance for Light Nonaqueous Phase Liquids (LNAPL).
United States
9 Mar 2016
EPA Proposes To Add Vapor Intrusion Pathway Assessment To Superfund Listing System
Last week, we wrote about an audit that MassDEP is conducting of previously closed sites to look for high concentrations of TCE in soils and groundwater. The intent of the audit is to address potential vapor intrusion.
United States
11 Feb 2016
If MassDEP Calls…
MassDEP announced that it will soon begin the process of contacting owners of previously closed sites where the available data suggest that trichloroethylene (TCE) levels may be problematic.
United States
8 Feb 2016
AIG Bows Out Of The Pollution Legal Liability Market
On Tuesday, insurance giant AIG announced a major restructuring designed to make it a "more profitable and focused insurer."
United States
2 Feb 2016
MassDEP Releases Its Draft Vapor Intrusion Guidance
MassDEP has recently released for public comment draft Guidance on Vapor Intrusion.
United States
18 Nov 2014
EOEEA Releases Draft Ocean Management Plan Update: Now With Fees
The Massachusetts Executive Office of Energy and Environmental Affairs released for public review and comment a draft update to the Ocean Management Plan for the Commonwealth.
United States
7 Oct 2014
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