Aug 14, 2020

MASSDEP AND EPA GUIDANCE ON WASTE SITE CLEANUPS AND COMPLIANCE DURING COVID-19 EMERGENCY: SOME FLEXIBILITY BUT IMPORTANT DEADLINES AND ON-SITE OBLIGATIONS STILL APPLY

Written by  Benjamin J. Hyland During the COVID-19 declared State of Emergency in Massachusetts, the state’s reporting, testing, cleanup, compliance, enforcement and other matters under the Massachusetts Oil and Hazardous Material Release Prevention and Response Act (G.L. c.21E) have been the subject of MassDEP Bureau of Waste Site Cleanup (BWSC) guidance […]

Aug 14, 2020

APPEALS COURT TAKES THE MYSTERY OUT OF ALTERING ONE – AND TWO-FAMILY PREEXISTING NONCONFORMING RESIDENCES: NO MORE “GRANDFATHERING” – Update from McGregor & Legere, PC

Written by  Michael J. O’Neill, Esq. The decision of the Appeals Court in Henry W. Comstock, Jr., Trustee and another v. Zoning Board of Appeals of Gloucester and others, authored by Justice James Milkey, illustrates the strong protections afforded by G.L. c. 40 A, section 6 to owners of single- or two-family […]

Aug 14, 2020

New Proposed Rulemaking – Definition of “Habitat” Under the Endangered Species Act – Update from Manko Gold Katcher Fox

August 13, 2020 Michael Dillon and Megan A. Elliott MGKF NewsFlash On August 5, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (“NMFS”) (collectively, the “Services”) published a proposed definition of the word “habitat” to be added to the Endangered Species Act’s implementing regulations, 50 […]

Aug 13, 2020

EPA Publishes Final Risk Evaluation for 1-Bromopropane (1-BP) – Update from Bergeson & Campbell, P.C.

On August 11, 2020, the U.S. Environmental Protection Agency (EPA) published the final risk evaluation for 1-bromopropane (1-BP).  After evaluating 25 conditions of use, EPA determined that 16 present an unreasonable risk to workers, occupational non-users (ONU), consumers, and bystanders.  EPA found no unreasonable risk to the environment from any […]

Aug 13, 2020

D.C. Circuit Holds that EPA Does Not Need to Consider Mitigation in NPL Decision – Update from Manko Gold Katcher Fox

August 10, 2020 Thomas M. Duncan MGKF Litigation Blog The D.C. Circuit recently held that EPA was not required to consider mitigation measures taken at a site when determining whether to add the site to the National Priorities List (“NPL”) under CERCLA. Meritor, Inc. v. EPA, No. 18-1325, 2020 WL 4299124 […]