Category Archives: Environmental

MassDEP Working on a Drinking Water MCL for PFAS

Posted on June 6, 2019 by

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 →

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BREAKING: MassDEP Announces Proposed Revisions to the Massachusetts Contingency Plan, Including a Reportable Concentration for PFAS at 20 ppt

Posted on April 19, 2019 by

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 →

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EPA Issues Interpretive Statement: Groundwater Discharges are Not Subject to the Clean Water Act

Posted on April 18, 2019 by

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 →

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A Modern Take on the Antiquities Act of 1906

Posted on February 27, 2017 by

During the waning days of his administration, President Obama used the Antiquities Act of 1906 (16 USC 431-433) (“Act”) to create expansive national monuments on land and at sea.  According to the National Park Service, he established 34 national monuments … Continue reading →

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Deadline for Owners of Single Wall Steel Tanks Looming

Posted on December 22, 2016 by

by Joseph S. Campisi, President, Corporate Environmental Advisors, Inc. The Massachusetts Department of Environmental Protection (“MassDEP”) promulgated underground storage tank (UST) regulations on January 2, 2015 that replaced the Massachusetts Department of Fire Service (“DFS”) regulations at 527 CMR 9.00. … Continue reading →

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Trump’s Pruitt Pick for EPA Signals Greater Predictability in Environmental Rulemaking, Enforcement

Posted on December 8, 2016 by

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 →

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SEC Hoping to Increase Policing of Climate Change Disclosures

Posted on November 4, 2016 by

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 →

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Appeals Court Revisits Adverse Possession of Undeveloped Land

Posted on May 4, 2016 by

The Massachusetts Appeals Court recently reviewed adverse possession of wild and wooded areas. In Paine v. Sexton, 88 Mass. App. Ct. 389 (2015), the Plaintiff campground operators asserted rights to property based on record title and adverse possession.  While it … Continue reading →

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MassDEP Offers Manufacturers Amnesty Under Toxics Use Reduction Act, a Likely Prelude to Increased Enforcement

Posted on March 28, 2016 by

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 →

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BREAKING: Supreme Court Strikes Down New EPA Rules on Mercury Emissions

Posted on June 29, 2015 by

In a blow to the Obama Administration’s efforts to phase out coal-fired power plants and encourage energy production from renewable resources, the United States Supreme Court has thrown out the Environmental Protection Agency’s (EPA) new rules requiring coal-fired power plants … Continue reading →

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MassDEP Obtains Judgment From Superior Court for $265k Fine at Taunton Plating Facility

Posted on February 18, 2015 by

According to a press release issued by the Massachusetts Department of Environmental Protection (MassDEP) today, the Suffolk Superior Court issued a judgment against a New York City-based company for failing to properly address historical contamination at the former Kent Silversmith … Continue reading →

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MassDEP’s New Cleanup Regulations Are Now Effective

Posted on August 28, 2014 by

As we reported earlier in guest posts from Adam Last of Corporate Environmental Advisors, Inc. here and here, the Massachusetts Department of Environmental Protection (MassDEP) has long been working on significant revisions to the Massachusetts Contingency Plan (MCP).  The MCP … Continue reading →

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