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: Uncategorized

EPA Sued for Failing to Evaluate Renewable Fuel Standard Program

On October 19, the Sierra Club filed suit against the Environmental Protection Agency, alleging that the agency is years overdue in complying with statutory deadlines for evaluating the environmental impacts…

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Posted In: Climate Change

MassDEP Finally Tackles Greenhouse Gas Emissions Under the Global Warming Solutions Act

In January 2016, the Supreme Judicial Court issued a strong climate change decision under Massachusetts’ 2008 Global Warming Solutions Act.  The GWSA required the Massachusetts Department of Environmental Protection to…

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Posted In: Renewable Energy, Solar Energy

Lexington Goes Green

Inspiration for acting on climate change starts with our local communities.  We are proud to represent the Town Lexington, which over the past decade has taken significant steps to become…

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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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