July 9, 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 ENVIRONMENTAL DEVLOPMENTS 

MassDEP Issues New Solid Waste Master Plan

The Massachusetts Department of Environmental Protection (MassDEP) has released a revised Solid Waste Master Plan , setting forth agency planning goals for solid waste management through 2020.  

Public Water System Manager Found Guilty of Tampering with Drinking Water Samples

After a four-daytrial in May 2013, a Superior Court judge found Henry Papuga guilty of tampering with drinking water samples and making false statements.  He was sentenced to one year in jail, suspended for five years, and 250 hours of community service.  Papuga was the manager of the Milford Water Company. 

Revised MEPA Regulations Codify Review of Project Greenhouse Gas Emissions

The regulations implementing the Massachusetts Environmental Policy Act (MEPA) were recently revised, effective May 10, 2013, to codify the MEPA office’s existing practice of evaluating greenhouse gas emissions associated with projects undergoing its review. 

Railway Agrees to Pay over $49,000 Penalty and Change Practices to Resolve Solid Waste Claims in Settlement with MassDEP

Pan Am Railways and its subsidiary Boston & Maine Corporation entered into an Administrative Order on Consent with Penalty (ACOP) to resolve allegations by the Massachusetts Department of Environmental Protection of improper storage of solid waste near railroad tracks. 

MASSACHUSETTS LAND USE DEVELOPMENTS

Supreme Court Backs Landowner in Major Takings Case

The Supreme Court yesterday expanded private property rights in a major takings case that arose from the Florida state courts. The Court held in Koontz v. St. Johns River Water Management District that not only does the Constitution’s Takings Clause apply to situations where a project is approved with “extortionate” conditions but it also applies where a project is denied because the owner refuses to accede to coercive property demands of the government.

Massachusetts Appeals Court Reaffirms Local Control Over Nonconforming Uses

Zoning amendments that expand the grounds upon which nonconforming status may be lost apply to structures and uses otherwise protected under Mass. General Laws 40A, § 6.

NATIONAL DEVELOPMENTS

Genetically Engineered Crop Prevails Again in Court

In a major development for the agricultural biotechnology industry, the U.S. Court of Appeals for the Ninth Circuit has upheld the decision of the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service to deregulate Monsanto’s Roundup-Ready Alfalfa (RR Alfalfa).

Bipartisan TSCA Bill Introduced in Senate

In a major breakthrough, bipartisan and broadly supported legislation to modernize the Toxic Substances Control Act (TSCA) has been introduced in the Senate. The Chemical Safety Improvement Act (CSIA), S. 1009,was announced on May 22, 2013 by its chief Democratic and Republican sponsors, Senator Frank Lautenberg (D-NJ) and Senator David Vitter (R-LA). 

The Impacts of New EPA Vapor Intrusion Guidance

EPA recently issued two draft guidance documents on vapor intrusion and will accept comments on them through May 24, 2013. If finalized in current form, these guidance documents would formalize and enhance EPA’s existing practice of prioritizing vapor intrusion as a central issue in environmental remediation and could result in increases in the expense and effort required from responsible parties to achieve compliance for cleanup of contaminated sites conducted under federal authorities such as CERCLA or RCRA.

Court Upholds EPA Authority to Retroactively Veto CWA Section 404 Permits

In a closely watched case of first impression, the D.C. Circuit Court of Appeals ruled on April 23, 2013 that Clean Water Act Section 404(c) “expressly and unambiguously” authorizes the U.S. Environmental Protection Agency to withdraw previously-approved disposal sites specified in a Section 404 permit issued by the U. S Army Corps of Engineers, after the permit has been finalized.

Safe Cosmetics and Personal Care Products Act of 2013 Mirrors TSCA Proposals, Would Greatly Expand FDA Authority Over Cosmetics

Representative Janice Schakowsky, with fifteen co-sponsors, has introduced legislation in the House of Representatives to dramatically increase Food and Drug Administration oversight of chemicals in cosmetics and other personal care products.

FIRM NEWS

Beveridge & Diamond Named to National Law Journal's "Midsize Hot List" for Third Consecutive Year

The National Law Journal has again included Beveridge & Diamond on its "Midsize Hot List." The list recognizes 20 law firms of between 50 and 200 lawyers who stand out from their peers and from larger firms with unique business strategies and practice success. 2013 marks the third consecutive year that Beveridge & Diamond has been so honored.

Chambers USA 2013 Ranks Beveridge & Diamond, P.C. Among Leading Law Firms

The Chambers USA Guide to the Legal Profession has again ranked Beveridge & Diamond, P.C. as a leading environmental law practice, both nationally and regionally. In addition to firm-level rankings, individual lawyers from the Firm’s regional offices are ranked.

Legal 500 US Ranks Beveridge & Diamond, P.C. Among Leaders in Environmental Litigation, Transactional, and Regulatory Matters

The Legal 500 United States has again ranked Beveridge & Diamond, P.C. as a leading national environmental law practice, noting the Firm’s Environmental litigation  capabilities as well as its transactional and regulatory  capabilities.

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