Environmental and Land Use Law

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

Archive for DEP Category

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: Air Pollution, DEP

EPA Uses Superfund and TSCA to Address Indoor Air Contamination

Following the lead of many state environmental protection agencies (including MassDEP), on December 7, the EPA issued a final rule to add “vapor intrusion” as a fifth criterion under the…

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Posted In: Air Pollution, DEP

SJC Agrees that Massachusetts Has Failed to Implement a Key Piece of the Global Warming Solutions Act

The SJC ruled unanimously that the state has not done enough to comply with the 2008 Global Warming Solutions Act, which requires Massachusetts to cut its greenhouse gasses by 25%…

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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: 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 The Massachusetts Department of Environmental Protection (DEP) recently issued a draft guidance that focuses on the often-overlooked reality that cleanups themselves use energy and natural…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: 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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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: 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: 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: DEP, Renewable Energy

MA’s New Solid Waste Master Plan: A Mixed Bag for Municipalities

The Massachusetts 2010-2020 Solid Waste Master Plan: Pathway to Zero Waste., released on May 7, is nothing if not ambitious. It calls for a 30% reduction in solid waste disposal…

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