On September 4, 2018, the Massachusetts Supreme Judicial Court (SJC) issued an opinion in New England Power Generators Association v. Department of Environmental Protection (Case number SJC-12477; --- N.E.3d ---, 2018 WL...more
Culminating a two-year rule promulgation process, MassDEP has issued a final rule amendment package that makes adjustments to numerous provisions of the Massachusetts air regulations. The announced purpose of this package...more
On December 16, 2016, the Massachusetts Department of Environmental Protection (“MassDEP”) released draft rules that would impose new greenhouse gas (“GHG”) requirements on the electric energy sector, gas distribution...more
Off to Court We Go: Petitioners Challenge EPA’s Small MS4 General Permit for Massachusetts -
The storm of debate and criticism over the terms and conditions of the U.S. Environmental Protection Agency’s (EPA) General...more
10/25/2016
/ Best Management Practices ,
Clean Water Act ,
Climate Change ,
Department of Justice (DOJ) ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Global Warming Solutions Act ,
Greenhouse Gas Emissions ,
MassDEP ,
NPDES ,
OSHA
More greenhouse gas regulation is on the horizon as a result of the Massachusetts’ top court’s decision in Kain v. MassDEP. The Massachusetts Supreme Judicial Court ordered the Massachusetts Department of Environmental...more
On December 21, 2015, the EPA Administrator signed off on a fairly lengthy package of proposed changes to the GHG Reporting Rule, 40 CFR Part 98, and the proposal will be published soon in the Federal Register. There will be...more
In April of 2015, we reported on an interesting Massachusetts Superior Court decision, Kain v. MassDEP, upholding the actions to date of the Massachusetts Department of Environmental Protection (“MassDEP”) under the Global...more
The Clean Power Plan is one of the most intensely scrutinized and debated rules in EPA’s history. The proposed rule, published in June of 2014, generated 4.3 million individual comments. The final rule was immediately...more
Just how much discretion will the courts give to the MassDEP to interpret legislative intent when it implements legislative directives such as a requirement to develop rules under the Global Warming Solutions Act? The...more
The Massachusetts Executive Office of Energy and Environmental Affairs (EEA) is accepting public comments on its proposed draft Massachusetts Environmental Policy Act (MEPA) Climate Change Adaptation and Resiliency Policy...more
Boston Colleges Take Brownfields Tax Credit Fight to Court -
Three Boston-area colleges sued the Massachusetts Department of Revenue in August claiming that “clarifying” changes made to the Massachusetts Brownfields Tax...more
6/20/2014
/ Brownfield Properties ,
Cleanup Doctrine ,
Combustible Dust ,
Department of Environmental Protection ,
Endangered Species ,
Greenhouse Gas Emissions ,
Mixed-Use Zoning ,
NEPA ,
OSHA ,
Permits ,
Tax Credits ,
Variances ,
Water Resources Development Act