Environmental and Land Use Law

Updates on Environmental and Land Use Law in New England and the US from Anderson & Kreiger LLP

Recent Posts

Posted In: Stormwater

Towns Must Act Now to Meet Deadlines Set by EPA’s New Stormwater Permit

UPDATE: EPA has delayed the implementation of this permit for one year, until July 1, 2018. Big changes are ahead for Small Municipal Separate Storm Sewer System (MS4) operators in…

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Posted In: Air Pollution, DEP

EPA Uses Superfund and TSCA to Address Indoor Air Contamination

Following the lead of many state environmental protection agencies (including MassDEP), on December 7, the EPA issued a final rule to add “vapor intrusion” as a fifth criterion under the…

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Posted In: Solar Energy

Appellate Tax Board Expands Solar Panel Tax Exemption

In a case that greatly expands the Massachusetts solar- and wind-power tax exemption, the Appellate Tax Board ruled that the exemption covers commercial use. The case is KTT, LLC v….

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Posted In: Administrative Law, Water

By Allowing Immediate Judicial Review in Clean Water Act Case, Supreme Court May Hamper Agencies’ Ability to Advise Regulated Communities

Before the Supreme Court’s recent ruling in Army Corps of Engineers v. Hawkes, landowners had to endure the expensive and time consuming Clean Water Act (CWA) permitting process before they could…

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Posted In: Zoning

Challenging a Zoning Decision Requires Zoning-Related Harm

Reaffirming the limits on neighbors’ ability to challenge local zoning decisions, the Supreme Judicial Court (SJC) recently held that an abutter lacked standing. The case is Picard v. ZBA of Westminster….

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Posted In: Air Pollution, DEP

SJC Agrees that Massachusetts Has Failed to Implement a Key Piece of the Global Warming Solutions Act

The SJC ruled unanimously that the state has not done enough to comply with the 2008 Global Warming Solutions Act, which requires Massachusetts to cut its greenhouse gasses by 25%…

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Posted In: Renewable Energy, Solar Energy

Emergency SREC Regulation Takes Effect, as DOER Begins Work on New Solar Incentive Program

To alleviate the backlog of solar projects that have recently submitted SREC II applications in excess of the program’s cap – as well as to address larger “market uncertainty” –…

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Posted In: Renewable Energy, Solar Energy

New Law Raises Massachusetts Net Metering Caps – Updated

The recently enacted H.4173 raises net metering caps by 3%, while reducing compensation for large private solar projects – a blow, said the solar industry, which nonetheless urged passage. Public installations will continue to receive…

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Posted In: Uncategorized

Should a Contractor Who Cut Trees at a Federal Official’s Direction Be Liable If the Official Was Wrong?

March 3, 2016 – A contractor who cuts trees based on a federal official’s mistaken instructions can be liable for damages, under a hyper-technical Massachusetts Appeals Court decision about the…

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Posted In: Telecom

Fourth Circuit Upholds FCC’s Section 6409(a) Order Preempting State and Local Regulation of Eligible Facilities Requests

Soon after the FCC issued its Order implementing Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, which preempts traditional local zoning authority over eligible…

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