Authors
-
Author Archives: David McCay
PFAS Concerns Mounting for Cities and Towns as MassDEP Proposes Maximum Contaminant Level in Drinking Water
Many of our readers will be aware that on December 27, 2019, the Massachusetts Department of Environmental Protection (MassDEP) proposed a Maximum Contaminant Level (MCL) for PFAS in drinking water of 20 parts per trillion (0.02 ug/L or ppt) for six PFAS … Continue reading
MassDEP Working on a Drinking Water MCL for PFAS
Several weeks ago, I posted that the Massachusetts Department of Environmental Protection (MassDEP) proposed a new groundwater standard for PFAS contamination under the Massachusetts Contingency Plan regulations (310 CMR 40.0000). Public comment on the proposed regulations remains open through July … Continue reading
Posted in 21E, Drinking Water, Environmental, Hazardous Materials
Tagged EPA, MassDEP, PFAS, Safe Drinking Water Act
Leave a comment
BREAKING: MassDEP Announces Proposed Revisions to the Massachusetts Contingency Plan, Including a Reportable Concentration for PFAS at 20 ppt
The Massachusetts Department of Environmental Protection (MassDEP) announced proposed revisions to the Massachusetts Contingency Plan (310 CMR 40.0000). This begins a 3-month public comment period that will end July 19, 2019, and will include four public hearings. According to MassDEP, … Continue reading
EPA Issues Interpretive Statement: Groundwater Discharges are Not Subject to the Clean Water Act
In a not-so-stunning development, the EPA on Monday issued an Interpretive Statement putting to rest speculation on EPA’s position as to whether groundwater discharges are subject to federal jurisdiction under the Clean Water Act (CWA). The answer: “No.” EPA’s 57-page … Continue reading
A Landfill Is Not a “Point Source” Under the Clean Water Act, So Says the 4th Circuit and D.Mass.
Two recent rulings address the issue of whether a landfill is a “point source” under the Clean Water Act, 33 U.S.C. § 1251 et seq. (CWA), Sierra Club v. Virginia Electric et al and Toxics Action Center et al v. … Continue reading
Zoning Appeal Plaintiff Must Prove Standing, Even if Defendant Town Does Not Contest Issue at Trial
On Tuesday, the Appeals Court issued its opinion in Talmo v. Zoning Board of Appeals of Framingham. Massachusetts suffers no shortage of case law on standing (the right to file suit) in zoning appeals. In this case, the issue was … Continue reading
Posted in MetroWest, Uncategorized, Zoning
Tagged Framingham, Hon. Howard Speicher, Massachusetts Appeals Court, standing
Leave a comment
Massachusetts High Court Recognizes Employee Right of Qualified Medical Marijuana Users To Allege Handicap Discrimination For Off-Site Use of Medicinal Marijuana
Originally posted on offtheclockemploymentblog:
In a long-awaited decision, the highest court in Massachusetts – the Supreme Judicial Court (“SJC”) – ruled today in Cristina Barbuto v. Advantage Sales & Marketing, LLC, et al. that an employee who used medical marijuana…
Posted in Uncategorized
Leave a comment
Trump’s Pruitt Pick for EPA Signals Greater Predictability in Environmental Rulemaking, Enforcement
President-elect Donald Trump’s team announced yesterday his selection of Oklahoma Attorney General Scott Pruitt to head the U.S. Environmental Protection Agency. The Pruitt pick is nearly as polarizing as the election itself. Pruitt describes himself as a “leading advocate against … Continue reading
What Massachusetts Employers Should Know About Recreational Marijuana
Originally posted on offtheclockemploymentblog:
On November 8, 2016, Massachusetts voters approved a ballot question legalizing marijuana for recreational and commercial use. The Regulation and Taxation of Marijuana Act (the “Act”) provides that – as of December 15, 2016 – persons…
SEC Hoping to Increase Policing of Climate Change Disclosures
These pages rarely comment on Securities and Exchange Commission matters, but a recent article in Corporate Counsel Weekly captured our attention – “SEC Policing of Climate Disclosure May Pick Back Up.” The 2010 SEC climate change guidance required companies to … Continue reading
Posted in Environmental
Tagged climate change, climate disclosure, global warming, Mary Shapiro, SEC
Leave a comment
MassDEP Offers Manufacturers Amnesty Under Toxics Use Reduction Act, a Likely Prelude to Increased Enforcement
If you are a Massachusetts manufacturer suspected of using toxic chemicals in your production process, you may have been among the hundreds of recipients in recent weeks of a notice letter from MassDEP about mandatory chemical use reporting under TURA, … Continue reading
Lt. Gov. Polito to Give Keynote at Boroughs+ Economic Development Summit on Jan. 26
Mirick O’Connell is proud to sponsor the Boroughs+ Economic Development Summit on January 26 at the Doubletree Hotel in Westborough. The summit will feature a keynote address from Lt. Gov. Karyn Polito, followed by a panel discussion and Q&A. To register for … Continue reading
On Solid Ground: The Mirick Real Estate Law Blog 