March 5, 2013
15 Walnut Street, Suite 400
Wellesley, MA 02481-2133
(781) 416-5715
15 Walnut Street, Suite 400
Wellesley, MA 02481-2133
(781) 416-5713
15 Walnut Street, Suite 400
Wellesley, MA 02481-2133
(781) 416-5733
15 Walnut Street, Suite 400
Wellesley, MA 02481-2133
(781) 416-5710

For more information about our firm, please visit www.bdlaw.com .

Office Locations:
› Washington, DC
› Maryland
› New York
› New Jersey
› Massachusetts
› Texas
› California

MASSACHUSETTS ENVRONMENTAL DEVELOPMENTS

Special Coverage of MassDEP Regulatory Reforms

MassDEP Proposes Site Cleanup Program Regulatory Changes under Regulatory Reform Initiative

The Massachusetts Department of Environmental Protection issued proposed changes to its site cleanup program pursuant to M.G.L. c. 21E on February 28, 2013. 

MassDEP Proposes Changes to Solid Waste Regulations

The Massachusetts Department of Environmental Protection issued proposed regulatory changes to its solid waste program as part of an extensive review by MassDEP of its regulations and programs in an effort to improve its efficiency.

Asbestos Abatement Regulatory Changes Proposed by MassDEP

The Massachusetts Department of Environmental Protection proposed changes to the regulations governing asbestos abatement at 310 CMR 7.15 as part of its ongoing review of its regulations and programs in an effort to improve its efficiency.

MASSACHUSETTS LAND USE DEVELOPMENTS

Comprehensive Permit Decisions from Massachusetts Top Court Side with Developers

After a deciding a paucity of cases under the Anti-Snob Zoning Act, M.G.L. c. 40B, §§ 20-23, the Massachusetts Supreme Judicial Court handed down two cases within one week reaffirming the broad authority of local boards of appeal and the Housing Appeals Committee to issue Comprehensive Permits authorizing affordable housing projects.

Massachusetts Introduces Compact Neighborhoods Policy

The Massachusetts Department of Housing and Community Development (DHCD) offered an additional incentive to municipalities similar to Chapter 40R, to adopt zoning districts promoting housing for working families of all incomes called the “Compact Neighborhoods Policy.”

NATIONAL DEVELOPMENTS

Greenhouse Gas Reporting Obligations for Several Sectors Impacted by EPA’s Revocation of Confidential Business Information Protection for Specified Part 98 Data

The U.S. Environmental Protection Agency determined in December 2012 that certain inputs to emission equations under eight subparts of 40 CFR Part 98, the greenhouse gas reporting program, will not for now be treated as confidential business information.

EPA Issues Revised Enforcement Guidance Regarding Use of the Bona Fide Prospective Purchaser Defense by Tenants and Model Comfort Letters for Lessees with Renewable Energy Developments

In December 2012, the United States Environmental Protection Agency (“EPA”) issued revised enforcement guidance regarding the ability of tenants who lease contaminated or formerly contaminated properties to utilize the Bona Fide Prospective Purchaser defense against liability under the Comprehensive Environmental Response, Compensation, and Liability Act.

EPA Proposes to Require 36 States to Revise Startup, Shutdown, and Malfunction Air Emission Provisions in State Implementation Plans

On February 22, 2013, the U.S. Environmental Protection Agency (EPA) published a proposed rule that requires 36 states to revise startup, shutdown, and malfunction (SSM) provisions in their State Implementation Plans (SIPs).

States Propose to Regulate Chemicals While Congress Debates TSCA

In the absence of legislation overhauling the federal Toxic Substances Control Act, 19 states have introduced bills in 2013 to regulate chemical exposures, primarily in consumer products. It is unclear which, if any, will become law. Nevertheless, these 41 bills show that states consider themselves full partners with Congress in addressing chemicals management issues.

TSCA Implementation at EPA: Looking Ahead

Following the reelection of President Obama and the departure of Administrator Lisa Jackson, the Environmental Protection Agency will continue to aggressively implement its Enhanced Chemicals Management Program under the Toxic Substances Control Act (TSCA). While EPA will be able to continue and build on its recent policies, there will also certainly be opportunities to rethink and refine certain policy elements going forward.

EPA Releases State Enforcement Dashboards and Comparative Maps

On February 7, 2013, EPA released new interactive tools which are intended to provide enforcement performance data and comparative maps through its Enforcement and Compliance History Online (ECHO) service.

FIRM NEWS & EVENTS

Former EPA General Counsel Scott Fulton to Join Beveridge & Diamond, P.C.

Scott Fulton, the former General Counsel of the U.S. Environmental Protection Agency (EPA), will join Beveridge & Diamond, P.C. as a Principal in the Firm’s Washington, DC office, effective March 25, 2013.

Members of Beveridge & Diamond’s Massachusetts Office Receive “Super Lawyers” Recognition

Five members of Beveridge & Diamond’s Massachusetts office have been recognized by the Super Lawyers rating service as being among the top lawyers in their areas of practice in Massachusetts.

Marc J. Goldstein Named Managing Shareholder of Beveridge & Diamond’s Massachusetts Office

Beveridge & Diamond recently named Marc J. Goldstein as the Managing Shareholder of its Massachusetts Office.

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