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On May 14, 2012, the Massachusetts Department of Environmental Protection announced proposed changes to the state’s major source operating permit program to tailor its applicability to facilities that emit greenhouse gases.
In April 2012, the Massachusetts Department of Energy Resources issued Proposed Final Regulations that further limit the eligibility of woody biomass as a fuel source for Renewable Energy Credits under the Massachusetts Renewable Energy Portfolio Standard.
The Massachusetts Supreme Judicial Court dismissed yet another challenge to the Cape Wind project that would construct an offshore wind farm in Nantucket Sound in Melone v. Department of Public Utilities , SJC-10921 and 10922 (May 9, 2011).
As we have previously reported, the Massachusetts Department of Environmental Protection is studying many regulatory reform options in order to respond to declining funding. The primary thrust of these efforts has been to find ways to reduce agency staff time by transitioning programs to become more self-implementing.
Citizens groups in Massachusetts who participate in public hearings for site assignments of landfills and other waste management facilities before local boards of health do not necessarily have standing to appeal the ultimate decision to court.
In only the second appeal of a final decision of the Board of Registration of Hazardous Waste Site Cleanup Professionals (the Board), the Superior Court affirmed the authority of the Board to discipline an LSP despite the recommendation of the magistrate.
Failure to escrow the full amount of an administrative penalty levied by the Massachusetts Department of Environmental Protection could result in dismissal of an appeal under the Massachusetts Appeals Court’s holding in B lackinton Commons LLC v. MassDEP, 2012 Mass.App.Unpub. LEXIS 536 (April 27, 2012).
Finding a local ordinance in violation of the Home Rule Amendment, the Massachusetts Supreme Judicial Court has struck down a municipal mandate limiting owners to installing a single type of fire protective signaling system notwithstanding the State Building Code’s approval of four such systems.
Sections 31 and 32 of House Bill 4093, An Act Relative to Infrastructure Investment, Enhanced Competitiveness and Economic Growth in the Commonwealth, proposes an expansion of the 2010 Permit Extension Act by further extending local and state permits.
Practitioners and litigants anxious to check how much time they have to file an opposition or how to serve a complaint can consult their Kindle or iPad now that various Massachusetts rules of court are available for free for those and other devices.
On May 14, 2012, the U.S. Postal Service ("USPS") published a final rule prohibiting, at least for the time being, all outbound international shipment of lithium batteries via USPS as of May 16, 2012.
In an issue of first impression for New York’s courts, litigators in Beveridge & Diamond’s New York office secured a dismissal of a petition seeking an annulment of a resolution adopted by the Town of Colonie, which authorized the town to enter into a 25-year operating agreement with a private entity.
In a case of first impression in the courts of appeals, the D.C. Circuit has held that OSHA cannot cite employers for failure to record work-related injuries and illnesses more than six months after the initial obligation to record the cases occurred. This emphatic decision disagrees with a line of Occupational Safety and Health Review Commission decisions going back nearly two decades.
On March 23, 2012, the U.S. Department of the Interior’s Fish and Wildlife Service released the "U.S. Fish and Wildlife Service Land-Based Wind Energy Guidelines."
In a closely-watched case, the U.S. Supreme Court on March 21 told the Environmental Protection Agency to stop "strong-arming . . . regulated parties" who wish to go directly to court to contest compliance orders that assert jurisdiction over wetlands as well as other waters under the Clean Water Act.
Beveridge & Diamond, P.C. is pleased to announce the launch of its Environmental, Land Use and Litigation Law Portal.
The National Law Journal has named Beveridge & Diamond, P.C. to its "2012 Midsize Hotlist," marking the second year in a row that Beveridge & Diamond has received this honor from the country’s leading legal publication.
The purpose of this update is to provide you current information on Massachusetts and federal environmental and land use regulatory developments. It is not intended as, nor is it a substitute for, legal advice. You should consult with legal counsel for advice specific to your circumstances. This communication may be considered advertising under applicable laws regarding electronic communications.
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