Environmental and Land Use Law

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

Archive for 2014

Posted In: Solar Energy

Board Expands Property Tax Exemption for Solar Panels

An owner may claim a tax exemption for solar power systems that generate net metering credits used to offset the electric bills of other properties he owns, according to a…

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Posted In: Municipal Law, Telecom

FCC Order – Acceleration of Wireless Broadband Deployment (Part II)

UPDATE – May 19, 2015: With OMB Approval, Three Important Subsections Took Effect on May 18, 2015 Three important subsections of the FCC rule discussed in our blog posts below required OMB…

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Posted In: Municipal Law, Telecom

FCC Order – Acceleration of Wireless Broadband Deployment (Part I)

UPDATE – May 19, 2015: With OMB Approval, Three Important Subsections Took Effect on May 18, 2015 Three important subsections of the FCC rule discussed in our blog posts below required OMB…

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Posted In: Insurance

Pollution Insurance Coverage: What Did the Insured Know and When Did It Know It?

A new Appeals Court decision (litigated on behalf of the insureds by Anderson & Kreiger) has restored the usefulness of pollution legal liability (PLL) policies, overturning a Superior Court decision…

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Posted In: Water

Clean Water Act Update: A Controversial New “Waters of the US” Rule Could Streamline Stymied Federal Pollution Enforcement

The EPA’s and Army Corps of Engineers’ proposed new rule to define the “waters of the United States” – known as WOTUS – over which the agencies have jurisdiction to…

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Posted In: DEP

How Green is Clean? DEP’s New Guidance on Greener Cleanups

How much do cleanups pollute? The Massachusetts Department of Environmental Protection (DEP) recently issued a draft guidance that focuses on the often-overlooked reality that cleanups themselves use energy and natural…

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Posted In: Solar Energy

Net Metering Caps Lifted in Unsatisfactory, Stopgap Solar Energy Bill

Solar energy developers – and municipalities with solar projects – have cause for celebration at the end of Massachusetts’ 2014 legislative session: net metering caps have increased. Lawmakers set the…

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Posted In: Insurance

If a Tree Falls in a Forest, Is It an Occurrence?

Not If You Cut More Trees Than Called For in Your Contract. That’s Faulty Workmanship, Not an Accident, Massachusetts Appeals Court Rules; Business Risk Exclusions Also Bar Coverage. In light…

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Posted In: Real Estate

State Statutes Can Help Polluters: Supreme Court CERCLA Preemption Case Could Apply in Massachusetts

For Massachusetts hazardous waste sites, a new Supreme Court case may apply to bar some contamination claims. CTS Corporation v. Waldburger holds that state statutes of repose – unlike state statutes…

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Posted In: DEP, Renewable Energy

Massachusetts’ Food Waste Ban – Are You Ready?

Massachusetts regulations banning commercial food waste disposal take effect this coming October 1. (See our blog post last fall for more detail about the scope of the waste ban.) Colleges…

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