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: NEPA

Biden-Harris Administration Proposes NEPA Regulatory Revisions

After nearly 50 years with little change, the National Environmental Policy Act (“NEPA”) regulations are facing their second substantive revisions in less than 12 months.[1] In September 2020, the Trump…

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Posted In: PFAS

Federal PFAS Cleanup Regulation on the Horizon

Federal regulators recently picked up the pace in controlling the class of persistent environmental toxins known as PFAS, as the nation’s eyes increasingly focus on this problem. Local governments, airports,…

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Posted In: Water

Supreme Court Creates New “Functional Equivalent” Test for Groundwater Discharges

Wading into a dispute about the Clean Water Act’s applicability to groundwater discharges, the Supreme Court handed environmentalists a somewhat surprising victory in County of Maui v. Hawaii Wildlife Fund.  However,…

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Posted In: COVID-19

How COVID-19 is Affecting Environmental Permitting

As government agencies at every level continue to implement programs to combat the spread of the Coronavirus, many environmental practitioners are struggling to make sense of what this means for…

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Posted In: Uncategorized

Massachusetts and Federal Updates on PFAS Regulation

On February 20, the U.S. Environmental Protection Agency (EPA) announced that it would begin a regulatory determination process aimed at deciding “whether or not to begin the process to propose…

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Posted In: Climate Change

NEGPA v. DEP: The SJC Upholds the Commonwealth’s Climate Change Mitigation Program

This article was first published in the Winter 2019 edition of the Boston Bar Journal. In a unanimous decision last September, the Supreme Judicial Court (“SJC”) upheld the Commonwealth’s latest…

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Posted In: Climate Change

Interstate Water Dispute Nears Decision by Supreme Court

As our changing climate threatens to exacerbate drought conditions in parts of the country, disputes between states over rights to water are likely to become far more common, and to…

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Posted In: Uncategorized

Agencies Gearing Up to Address Risks Posed by PFAS Contamination

PFAS—a class of chemical substances commonly used in a wide range of products—are drawing increased scrutiny from regulators.  Businesses and municipalities should closely follow these developments, as they create both…

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Posted In: DEP, Uncategorized

EPA Adjusts Statutory Civil Penalties for Inflation

On January 8, the Environmental Protection Agency published its statutory civil penalties, adjusted for inflation.  83 FR 1190.  The adjustment was required by the  Federal Civil Penalties Inflation Adjustment Improvements…

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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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