October 16, 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 DEVELOPMENTS

Massachusetts “Tailoring Rule” Adjusts Major Source Permitting But Ignores Expanded Minor Source Permitting for Greenhouse Gases

On August 2, 2013, the Massachusetts Department of Environmental Protection published a final rule that “tailors” the requirements of its major source operating permit program, bringing the state’s operating permit applicability threshold for greenhouse gas emissions into line with federal requirements.

An Update on the “New” Site Cleanup Regulations in Massachusetts

As we identified in our March 2013 Massachusetts Environmental and Land Use Alert , the Massachusetts Department of Environmental Protection (MassDEP) proposed major changes to its site cleanup program  under M.G.L. c. 21E and its regulations at 310 CMR 40 on February 28, 2013. The comment period ended May 17, 2013, and the waiting began. During a recent public event, representatives of MassDEP provided some insight on what the final regulations will include, when they will be finalized, and when they will become effective.

EPA Issues Draft NPDES Stormwater Permit for Industrial Activity Covering Massachusetts and Very Few Other States

In nearly all states, stormwater discharges from industrial activities are regulated by permits issued by state agencies under an authorization from the U.S. Environmental Protection Agency ("EPA"). In Massachusetts, however, the Massachusetts Department of Environmental Protection has never sought authorization for a stormwater permitting program and therefore stormwater permits are issued directly by EPA. 

Top Massachusetts Court Clarifies MassDEP’s Authority to Assess a Penalty Without First Issuing a Notice of Violation

The Massachusetts Supreme Judicial Court ruled that a “willful” violation enforceable by the Massachusetts Department of Environmental Protection requires that the person “knew or, due to his experience or expertise, should have known the operative facts that made his actions a violation of the law.”

Jeanine Grachuk to Chair Program on Green Remediation in Site Cleanup under Proposed Changes to the Massachusetts Contingency Plan

Jeanine Grachuk, of counsel in Beveridge & Diamond, P.C.’s Wellesley office, will chair a panel discussion regarding the implications for “green remediation” in Massachusetts under proposed changes to the Massachusetts Contingency Plan (MCP). The program is sponsored by the Environmental Business Council of New England’s Site Remediation & Redevelopment Committee.

Aladdine Joroff to Co-Chair Program on Environmental Due Diligence and Allocating Risks

Aladdine Joroff, an associate in Beveridge & Diamond, P.C.’s Wellesley office, will chair a continuing legal education program about environmental due diligence as a tool to determine the scope of, and develop defenses to, environmental risks in real estate and corporate transactions. The panel will also address strategies for allocating and managing potential liabilities associated with risks discovered during due diligence. The program is sponsored by the Boston Bar Association.

MASSACHUSETTS LAND USE DEVELOPMENTS

Massachusetts Supreme Judicial Court Affirms Validity of Late-Recorded Variance

The Massachusetts Supreme Judicial Court has upheld the Land Court’s ruling that a variance is effective even if it is recorded outside the statutory one-year period where there was substantial reliance on the variance, no harm to interested parties, and the variance was recorded less than two weeks after the one-year recording deadline.

Challenge to Redevelopment of Church Site in Cambridge Demonstrates Delays in Development Even from Inartful Opponents

The recent Massachusetts Appeals Court decision in Kelley v. Cambridge Historical Commission is noteworthy less because of its novel legal findings as much as a documentation of the delays incumbent in the development process.

Brian Levey to present on Affordable Housing under Chapter 40B at ABX

Brian Levey, a shareholder in Beveridge & Diamond, P.C.’s Wellesley office, will be a presenter at New England’s largest building industry tradeshow, ArchitectureBoston Expo (ABX), at the Boston Convention & Exhibition Center on Wednesday, November 20, 2013.

NATIONAL DEVELOPMENTS

Multi-Agency Chemical Advisory on Ammonium Nitrate Asserts EPA Jurisdiction Under the Clean Air Act’s General Duty Clause

On August 30, 2013, the U.S. Environmental Protection Agency, the Occupational Safety and Health Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a chemical advisory that provides information on the hazards of ammonium nitrate storage, handling and management, and catalogs provisions of various statutes and regulations that may apply to activities involving ammonium nitrate. The Advisory follows President Obama’s August 1, 2013, Executive Order: Improving Chemical Facility Safety and Security, issued in response to the tragic West Fertilizer Company ammonium nitrate explosion that occurred in West, Texas on April 17, 2013.

EPA Expected to Withdraw Direct Final Rule Approving Use of Revised ASTM E1527 Standard for Phase I Environmental Site Assessments

The U.S. Environmental Protection Agency is expected to withdraw its proposed direct final rule approval of the updated ASTM International E1527 standard for Phase I Environmental Site Assessments, the EPA-approved method for meeting the "All Appropriate Inquiry" component of several affirmative defenses to liability under the Comprehensive Environmental Response, Compensation and Liability Act. EPA will instead proceed with a traditional rule process.

Government Shutdown – Implications for Government Environmental Programs and Activities

While the current government shutdown may be coming to an close, likely looming deadlines this winter raise the specter of further such interruptions in government business. 

Recycling Company Fined $4.5 Million for Illegal Export of Electronic Waste; Executives Receive Prison Sentences

Executive Recycling, Inc., a U.S. electronic waste recycling business, and two company executives were sentenced this month by U.S. District Court Judge William J. Martinez for defrauding customers and illegally shipping electronic waste ("e-waste") overseas.

FIRM NEWS 

Former Department of the Interior Attorney John Cossa Joins Beveridge & Diamond’s Natural Resources and Project Development Group

We are pleased to announce the expansion of our Natural Resources and Project Development practice with the arrival of John G. Cossa, who has joined the Firm as an Associate in our Washington, D.C. office. Mr. Cossa most recently served as an Attorney-Advisor at the U.S. Department of the Interior’s (DOI) Office of the Solicitor, after joining the Department as a Presidential Management Fellow.

Beveridge & Diamond, P.C. Receives Minority Corporate Counsel Association’s Thomas L. Sager Award for Diversity Accomplishments

Citing the firm’s leadership and accomplishments in hiring, promoting, and retaining diverse and women attorneys, the Minority Corporate Counsel Association (MCCA) awarded Beveridge & Diamond a 2013 Thomas L. Sager Award on July 15, 2013.

Beveridge & Diamond Obtains Affirmance of Dismissal of Challenge to Client’s Solid Waste Facility Operating Agreement in New York Appellate Court

A panel of the New York State Appellate Division, Third Department has unanimously affirmed a trial court’s dismissal of a petition seeking an annulment of a client’s 25-year operating agreement with the Town of Colonie, New York.

Beveridge & Diamond Assists San Antonio Water System in Negotiating $1.1 billion Clean Water Act Settlement

On Tuesday, July 23, 2013, the U.S. Environmental Protection Agency, the U.S. Department of Justice and the State of Texas lodged in federal district court in San Antonio a proposed consent decree with the San Antonio Water System resolving claims regarding sanitary sewer overflows. 

Henry L. Diamond Featured at Inaugural D.C. Bar “Legends of Environmental Law” Speaker Series

Henry L. Diamond  was the first speaker in the “Legends of Environmental Law” speaker series organized by the District of Columbia Bar’s Environment, Energy and Natural Resources Section. The program took place on Wednesday, September 25 th at Beveridge & Diamond’s Washington, D.C. offices.

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