Dec 11, 2020

EPA Drops “Begin Actual Construction” Guidance – Update from Jorden Hiser Joy

At a December 8, 2020, Clean Air Act Advisory Committee meeting, acting Assistant Administrator for Air Anne Austin reportedly stated that EPA would not take further action on the “Begin Actual Construction” guidance that was released for public comment on March 25, 2020. Instead, EPA will defer action while it […]

Dec 8, 2020

Department of Transportation Issues Notice of Proposed Rulemaking on Departmental NEPA Procedures – Update from Kaplan, Kirsch, Rockwell

The Department of Transportation (DOT) has released a Notice of Proposed Rulemaking (NPRM) to update its National Environmental Policy Act procedures, which are currently found in DOT Order 5610.C, “Procedures for Considering Environmental Impacts.”  The update would be the first substantive re-write of DOT’s NEPA procedures since 1985.  The NPRM […]

Dec 8, 2020

APPEALS COURT RULES CONSERVATION RESTRICTIONS ARE ENFORCEABLE AGAINST VIOLATORS FOR MONETARY DAMAGES, NOT JUST EQUITABLE RELIEF LIKE RESTORATION AND REPLANTING – Update from McGregor & Legere, P.C.

By: Gregor I. McGregor, Esq.      McGregor & Legere, PC In its August 10, 2020, decision in the case of Wellesley Conservation Council, Inc. v. Pereira (AC 19-P-753), the Massachusetts Appeals Court addressed the scope of enforcement options available to the holder of a Conservation Restriction (CR), in particular whether […]

Dec 7, 2020

Biobased and Renewable Products – Update from Bergeson & Campbell, P.C.

Biobased and Renewable Products Update Federal DOE SBIR/STTR Issues Phase I Release 2 FOA Topics On November 9, 2020, the U.S. Department of Energy’s (DOE) Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs office issued topics for its Fiscal Year (FY) 2021 SBIR/STTR Phase I Release […]

Nov 24, 2020

EPA Evaluates 54 Conditions of Use for TCE, Finding That 52 Present an Unreasonable Risk – Update from Bergeson & Campbell, P.C.

The U.S. Environmental Protection Agency (EPA) released the final risk evaluation for trichloroethylene (TCE) on November 23, 2020.  85 Fed. Reg. 75010 (Nov. 24, 2020).  Of the 54 conditions of use that EPA reviewed, EPA found that 52 present an unreasonable risk to workers, occupational non-users (ONU), consumers, and bystanders.  EPA determined that distribution […]