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

The Future of Net Metering: Stakeholders Mistrust  “Compromise” Bill

If Massachusetts is to reach its renewable energy goal of 1600 MW of solar energy capacity by 2020, the Legislature must sooner or later address the future of net metering,…

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Posted In: DEP, Real Estate

Demystifying DEP’S New Cleanup Regulations

The Massachusetts Department of Environmental Protection (“DEP”) has issued significant amendments to the Massachusetts Contingency Plan (“MCP”), the massive set of regulations governing the cleanup of oil and hazardous materials…

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Posted In: Insurance

“If You Snooze, You Lose:” The Danger of Forgetting About Insurance When a Hazardous Waste Issue Hits

Recent hazardous waste cases make it clear that late notice can be fatal under occurrence-based policies. Environmental practitioners need to be attuned to the possibility of insurance coverage, so they can identify…

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Posted In: Air Pollution

“The Vagaries of the Wind”: Recent Supreme Court Decision Affirms EPA’s Approach to Interstate Air Pollution

On April 29, 2014, the Supreme Court released a 6-2 opinion that was both a victory for states that are downwind of other polluting states, and, more broadly, for the…

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Posted In: Municipal Law

U.S. Supreme Court “Rail Trail” Decision and its Potential Effects in Massachusetts

A recent Supreme Court decision, Martin M. Brandt Revocable Trust et al. v. United States, could undermine “the legality of thousands of miles of former rights of way that the…

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Posted In: Renewable Energy, Solar Energy

SREC II Update: Distributed Generation Favored, but Net Metering Challenges Could Slow Solar

Massachusetts continues to favor small-scale production of renewable electricity through geographically dispersed projects (“distributed generation”), according to the Department of Energy Resources’ (DOER) final revisions to the Renewable Energy Portfolio…

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Posted In: Insurance

Massachusetts Will Require Joint and Several Allocation for Defense Costs on Long-Tail Claims, NY Federal District Court Predicts

Narragansett Electric Decision Breaks a Tie Between Massachusetts District Court Decisions The Boston Gas Defense Cost Allocation Split Boston Gas Co. v. Century Indem. Co., 454 Mass. 337, 352 (2009)…

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Posted In: Municipal Law, Water

Massachusetts Senate Passes Water Infrastructure Finance Bill

Massachusetts municipalities may be about to get much-needed financing options for water/wastewater and stormwater infrastructure, if the state House of Representatives approves a bill now pending. In February 2012, Massachusetts…

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