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Massachusetts Environmental and Land Use Alert

A UTHORS

Marc J. Goldstein

Principal

(781) 416-5715 Send E-Mail

Jeanine L.G. Grachuk

Of Counsel

(781) 416-5713 Send E-Mail

Heidi P. Knight

Associate

(410) 230-1344 Send E-Mail

Brian C. Levey

Principal

(781) 416-5733 Send E-Mail

Stephen M. Richmond

Principal

(781) 416-5710 Send E-Mail

Virginie K. Roveillo

Associate

(781) 416-5726 Send E-Mail

Beveridge & Diamond has 100 lawyers in seven U.S. offices who focus on environmental, project development, and natural resource law, litigation and alternative dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations.

Our Massachusetts team helps clients manage their environmentalissues and provides land use, environmental, and all related litigation services to development projects for industrial, commercial and residential clients. We offer focused expertise and personalized, efficent service from lawyers who know the landscape for business in Massachusetts.

Massachuetts Office
15 Walnut Street
Wellesley, MA 02481
(781) 416-5700

Learn more at www.bdlaw.com .

March 2014

Massachusetts Environmental Developments

Massachusetts Enacts Commercial Food Waste Disposal Ban

Massachusetts Issues Solid Waste Regulatory Reform Rules

The Massachusetts Department of Environmental Protection (MassDEP) has been working on a large scale regulatory reform process since 2011, and in furtherance of that process has released a number of regulatory changes over the past two years.

Massachusetts Land Use Developments

Massachusetts Affordable Housing Law Trumps Municipal Master Plan

In yet another in a string of recent decisions favorable to the development community, the construction of a large rental project under Massachusetts General Laws Chapter 40B, known as the Comprehensive Permit Law, was upheld notwithstanding its location on the lone vacant lot in an otherwise fully-developed industrial park.

Actual Notice, Constructive Notice, and Duty of Inquiry All Critical in Determining Whether Appeal of Building Inspector’s Decision is Timely Says Massachusetts Appeals Court    

Just how strictly Massachusetts courts will apply the 30-day deadline for appealing a decision by a local building inspector’s zoning determination to the zoning board of appeals continues to evolve, balancing actual notice, constructive notice, and “a duty of inquiry,” in the Massachusetts Appeals Court’s decision in Paul Miles-Matthias v. Zoning Board of Appeals of Seekonk, No. 13-P-635 (Feb. 11, 2014).

National Developments

EPA Region 1 Focuses Enforcement Lens on Risk Management Under the Clean Air Act  

Until recently, occupational safety programs, covering subjects such as mechanical integrity, process hazard analysis and management of change, were not issues of concern for most environmental managers or environmental lawyers.  These programs were typically considered the purview of the Occupational Safety and Health Administration, and they were therefore addressed by occupational safety managers. 

EPA Issues Final Rule Approving Use of Revised ASTM E1527 Standard

The U.S. Environmental Protection Agency issued a Final Rule on December 30, 2013 that approves use of the 2013 ASTM International E1527 standard for Phase I Environmental Site Assessments as an approved method for meeting "All Appropriate Inquiry."

Ninth Circuit’s Decision Narrowing Rights of Subrogation under CERCLA Left Undisturbed by U.S. Supreme Court

The U.S. Supreme Court let stand the Ninth Circuit’s decision that the common law principle of subrogation does not apply to CERCLA section 107(a), requiring insurers to carefully meet statutory requirements for proceeding under either Section 107(a) or 112(c) to recover monies paid for environmental remediation.

EPA Issues Long-Awaited Regulations on Pesticide Data Submitters’ Rights

EPA has issued a long-awaited final rule  updating its pesticide data compensation regulations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA). 

U.S. Government Prosecutes First Wind Project under the Migratory Bird Treaty Act

The U.S. Department of Justice recently announced the settlement of its first-ever criminal enforcement action brought against a wind farm operator under Migratory Bird Treaty Act.

FTC Continues Crackdown on Improper Environmental Marketing Claims

The Federal Trade Commission recently settled an enforcement action against Down to Earth Designs, Inc., which does business as gDiapers, for various improper environmental marketing claims regarding the company’s popular diaper system.

United States Ratifies Convention Restricting Use, Emissions, and Handling of Mercury

Last week, the United States became the first country to deposit its instrument of acceptance (equivalent to a ratification) to the Minamata Convention on Mercury. The Convention restricts the use, emissions, and handling of mercury across a variety of industries, including electronics, energy, mining, and waste.

Firm News

Two New Associates Welcomed in B&D’s Wellesley Office

The Wellesley office of Beveridge & Diamond is very pleased to welcome two new associates, who will help continue the office’s focus on environmental, land use, and litigation.

Beveridge & Diamond Wins Summary Reversal of Attorney Fee Award in California Court of Appeal

Litigators from the Firm’s California and Washington offices secured the reversal of a half-million dollar fee award  in the California Court of Appeal on January 22 when a unanimous panel ruled that a fee award granted by the trial court could not stand when an intervening change in law resulted in a reversal of the underlying judgment on the merits.

Beveridge & Diamond Helps City of Albany and Adjoining Communities Forge Successful Plan to Improve Hudson River Water Quality

A team of lawyers from Beveridge & Diamond’s Washington, DC and New York offices represented the Albany Pool Communities (APC) in negotiating a consent decree with the New York State Department of Environmental Conservation (DEC) to implement a 15-year, 53-project, $136 million stormwater infrastructure improvement and combined sewer overflow (CSO) management plan.

Beveridge & Diamond Secures Approval of $3.7 Billion Clean Water Act Consent Decree

Litigators from Beveridge & Diamond’s Washington and Baltimore offices won approval of a major Clean Water Act consent decree over the objections of environmental groups. 

Benjamin F. Wilson Receives ABA's 2014 Spirit of Excellence Award

Beveridge & Diamond, P.C. is pleased to announce that the American Bar Association (ABA) Commission on Racial and Ethnic Diversity in the Profession has selected Benjamin F. Wilson, the Firm's Managing Principal, as a 2014 recipient of its Spirit of Excellence award

Beveridge & Diamond Again Named a Top National Environmental and Litigation Firm by U.S. News/Best Lawyers

U.S. News Media Group and Best Lawyers have once again awarded Beveridge & Diamond’s environmental and litigation practices a Tier 1 nationwide ranking in the 2013 Best Law Firms list.  With 98 lawyers in offices in six states and the District of Columbia, the firm helps clients from a range of industries solve complex environmental and natural resource challenges across the U.S. and internationally.

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