Tag Archives: Environmental

A Classic Distinction Between Legal Remedies and Equitable Remedies: 1st Circuit Overturns Decades-Old Precedent On Citizen Enforcement of Clean Water Act

Posted on May 13, 2022 by Erik McHale

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 | Leave a comment

Building the Boroughs: A Year in Review

Posted on January 31, 2020 by Brian Falk

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 →

Posted in Contracts, Economic Development, Environmental, Marlborough, MetroWest, Permitting | Tagged Contracts, Economic Develpment, Environmental, land use, Landlord, Lease, Marlborough, Permitting, real estate | Leave a comment

A Modern Take on the Antiquities Act of 1906

Posted on February 27, 2017 by Mirick O'Connell

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 | Leave a comment

Appeals Court Revisits Adverse Possession of Undeveloped Land

Posted on May 4, 2016 by Mirick O'Connell

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 →

Posted in Economic Development, Environmental, Open Space, Wetlands, Zoning | Tagged Conservation Commission, Economic Develpment, Environmental, Open Space, Wetlands, Zoning | Leave a comment

MassDEP’s New Cleanup Regulations Are Now Effective

Posted on August 28, 2014 by David McCay

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 →

Posted in Economic Development, Environmental, Hazardous Materials | Tagged David McCay, Environmental, Environmental Attorney, Hazardous Materials, Massachusetts Contingency Plan, Massachusetts Department of Environmental Protection, Massachusetts environmental attorney, MassDEP, MCP | Leave a comment

Massachusetts Revises Its Building Code Adding Increased Energy Efficiency Standards

Posted on July 16, 2014 by David Fine

Following up on my post dated November 15, 2012, as of July 1, 2014, the International Energy Conservation Code (“IECC”) 2012 went into effect, replacing the former baseline building energy code regulations. The Commonwealth’s adoption of the updated code is … Continue reading →

Posted in Construction, Environmental, Uncategorized | Tagged Construction, Environmental | Leave a comment

An Uncertain Future for Massachusetts Underground Storage Tank Facility Owners/Operators

Posted on February 28, 2013 by Corporate Environmental Advisors, Inc.

Guest post by Scott E. VanderSea, LSP, LEP of Corporate Environmental Advisors, Inc. Background on Massachusetts UST Regulation The Board of Fire Prevention (“BFP”) regulations (527 CMR 9.00) outline the requirements for underground storage tank (“UST”) facility owners and operators … Continue reading →

Posted in Environmental, Hazardous Materials | Tagged Board of Fire Prevention, Environmental, Environmental Attorney, EPA, Financial Responsibility, Massachusetts Department of Environmental Protection, MassDEP, Underground Storage Tank, United States Environmental Protection Agency, UST | 1 Comment

Pending Legislation Would Dramatically Reform Massachusetts Land Use Law

Posted on February 19, 2013 by Brian Falk

The latest effort to overhaul Massachusetts land use law is backed by a coalition of planning, environmental and housing organizations. “An Act Promoting the Planning and Development of Sustainable Communities”, House Bill # 1859, was introduced on Beacon Hill last … Continue reading →

Posted in Economic Development, Environmental, Municipal, Zoning | Tagged Economic Develpment, Environmental, Municipal, Zoning | Leave a comment

The Basics of Environmental Due Diligence

Posted on January 30, 2013 by Corporate Environmental Advisors, Inc.

Guest post by Michael Coté of Corporate Environmental Advisors, Inc. Environmental due diligence is a legal and technical investigation conducted to satisfy certain liability protections using state and federal environmental laws or standards. Due diligence can also be used to … Continue reading →

Posted in Contracts, Environmental, Hazardous Materials | Tagged ASTM E1527, due diligence, Environmental, Environmental Attorney, Phase I | Leave a comment

MassDEP Issues Emergency Regulations for Post-Storm Cleanup from Hurricane Sandy

Posted on October 30, 2012 by David McCay

MassDEP has issued emergency regulations to specify the procedures for post-storm cleanup in the wake of Hurricane Sandy. The emergency regulations will remain in effect for 90 days from October 26, 2012 to January 24, 2013. The emergency regulations allow … Continue reading →