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Category Archives: Environmental
A Classic Distinction Between Legal Remedies and Equitable Remedies: 1st Circuit Overturns Decades-Old Precedent On Citizen Enforcement of Clean Water Act
The First Circuit recently overturned a thirty-one year old decision on citizen enforcement of the Clean Water Act (CWA). The now-overruled decision is North and South Rivers Watershed Ass’n v. Town of Scituate, 949 F.2d 552 (1st Cir. 1991), in … Continue reading
Posted in Clean Water Act, Environmental
Tagged Clean Water Act, Environmental, First Circuit
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State’s Highest Court to Determine Scope of Dover Amendment Solar Protection in M.G.L. c. 40A
Last week, the SJC heard oral arguments for a case that is anticipated to potentially impact municipal zoning, specifically in the realm of solar energy projects. The outcome of this case will either aid or inhibit a municipality’s ability to … Continue reading
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
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
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
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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
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 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
Posted in Environmental, Historic Preservation, Open Space
Tagged Environmental, Historic Preservation
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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
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
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
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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
On Solid Ground: The Mirick Real Estate Law Blog 