Category Archives: Environmental

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

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Building the Boroughs: A Year in Review

In 2019, Mirick O’Connell’s permitting attorneys were proud to help our clients, large and small, with local approvals in Marlborough for 6 great projects. Thank you to our clients and the City of Marlborough for a wonderful year! Click here … Continue reading

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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

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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

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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

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A Modern Take on the Antiquities Act of 1906

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

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

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

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

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

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

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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