Environmental and Land Use Law

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

Archive for 2013

Posted In: Insurance

National Flood Insurance and Businesses: The Price of A Clam Roll May Be Rising

The National Flood Insurance Program’s redrawing of flood maps and roll-back of flood insurance subsidies for some properties have caused an uproar from homeowners in coastal and other areas where…

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Posted In: DEP

What Did He Know and When Did He Know It? Court Narrows the Definition of a “Willful” Violation of Environmental Law, but Not Enough

A new SJC decision narrows the Department of Environmental Protection’s (DEP) authority to impose penalties without notice, but leaves that authority unfairly broad. The Administrative Penalties Act (G.L. Chapter 21A,…

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Posted In: Real Estate

How to Implement EOEEA’s Environmental Justice Policy

A South Boston recycling project – facing opposition from its surrounding environmental justice community – illustrates the perils to both neighborhoods and developers trying to get projects off the ground…

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Posted In: DEP

Table Scraps Get an Upgrade: Massachusetts Proposes to Ban Throwing Away Commercial Food

The Patrick Administration has proposed banning the disposal of food waste by large institutions.  The ban would start in July 2014.  The state also proposes $4m in grants and low-interest loans to…

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Posted In: Insurance

Everybody Complains About the Weather, but Whose Fault Is It?

Earlier this week I attended a Boston Bar Association presentation on climate change and insurance.  The speaker was Lindene Patton, Chief Climate Product Officer at Zurich Insurance Group.  It should…

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Posted In: Solar Energy

Massachusetts DOER Floats Simpler Concepts for New Solar Incentive Program

In response to criticism that its proposed restructure of the Renewable Energy Portfolio Standard (RPS) Solar Carve-Out program was too complicated, the Massachusetts Department of Energy Resources (DOER) has unveiled…

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Posted In: Insurance

Pollution Coverage May Be Elusive, Even Under a Pollution Liability Policy

If you are buying insurance for a formerly polluted site, be careful – you may not be buying as much protection as you thought. A recent Superior Court decision has…

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Posted In: Renewable Energy

New Ground in Zoning: A Case Developers, Abutters and Municipalities Should Bookmark

GPH Cohasset v. The Trustees of Reservations, a land court case approving a town’s permit for a wind turbine to be developed on conservation-owned land, reached a variety of interesting,…

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Posted In: Municipal Law, Real Estate

The Supreme Court Limits Local Government Permitting Authority; Developers Claim a Big Win

For the first time, the Court held that, when a local government asks for a “monetary exaction” before approving a land use permit application, it could be an illegal taking. Monetary exactions…

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Posted In: Solar Energy

Solar Victories: New regulations for the unexpectedly successful program

Add solar energy deployment to the list of topics that can pack an auditorium.  At the Solar Policy Stakeholder Meeting on June 7, Mark Sylvia, Commissioner of the Massachusetts Department…

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