Environmental and Land Use Law

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

Archive for 2015

Posted In: Hazardous Materials/Chapter 21E

A Cautionary Chapter 21E Tale: Overly Aggressive Demands for Cleanup Contribution Will Backfire

Nov. 23, 2015 – A company whose insurance paid for its entire $300,000 cleanup (incurred after an employee caused a massive oil spill) wanted more: a windfall. Predictably, things didn’t end…

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Posted In: Insurance

Time-on-the-Risk Allocation Does Not Apply to Defense Costs, Says First Circuit

In a victory for policyholders, the First Circuit has rejected an insurer’s argument that defense costs should be allocated pro rata when claims involve multiple years of continuing or progressive…

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Posted In: Water

Final EPA/Corps “Waters of the US” Rule Increases Predictability, But Also Scope of Jurisdiction

On May 27, EPA and the Army Corps of Engineers released a final rule defining “waters of the US” (WOTUS) under the Clean Water Act. The rule determines the geographic…

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Posted In: DEP

Baker Order Leaves Fate of Environmental Regulations Unclear; Permitting Delays Likely

“This will be an intensive process,” said Governor Charlie Baker, elaborating on the executive order he signed recently that initiates a one-year comprehensive review of all Executive Department regulations. The…

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Posted In: Hazardous Materials/Chapter 21E, Municipal Law

Local Remedies to Urban Blight Impacting 21E Struck Down

Local government cannot regulate the cleanup of hazardous materials in Massachusetts, according to the Supreme Judicial Court’s recent answer to two questions certified by the First Circuit.  The Court held…

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