Product Description

Recent updates:

• Update: December 2021

  Dear Subscriber:

  Thank you for updating your reference library with the 2021 supplement to Massachusetts Environmental Law. Highlights from the many developments addressed in this supplement include

  • an overview of the back-and-forth changes in environmental law and regulation taking place during the Trump and Biden administrations;

  • changes to state permitting deadlines, operations of the Massachusetts Department of Environmental Protection (MassDEP), and open meeting procedures in response to the COVID-19 pandemic;

  • the incorporation of environmental justice principles into Massachusetts law;

  • the adoption of a "next generation" roadmap for achieving emissions limits for the year 2050;

  • legislation providing that the Department of Public Utilities may review municipal petitions for the development of utility-owned solar facilities;

  • the establishment of a number of programs incentivizing solar and wind-generated energy production and improvements in energy efficiency;

  • jurisdiction and standing in public interest litigation;

  • liability for common law nuisance;

  • input from municipal agricultural commissions on certain local board of health regulations;

  • applicability of the Clean Water Act National Pollutant Discharge Elimination System to discharges into navigable waters through groundwater;

  • Appeals Court decisions clarifying whether certain activities may be regarded as agricultural uses for zoning purposes;

  • the effect of property transfers on application of the statute of repose in the Wetlands Protection Act;

  • an overview of state and municipal efforts to address climate change;

  • the Supreme Judicial Court's rejection of a request to expand the doctrine of prior public use to encompass subsequent private uses by private entities;

  • regulatory amendments to address per- and polyfluoroalkyl substances (PFAS);

  • the issuance of MassDEP's 2030 Master Plan;

  • the enactment of the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2020;

  • standards for imposing liability under General Laws Chapter 21E;

  • amendments to the Massachusetts Green Jobs Act, including the creation of the Offshore Wind Energy Career Training Trust Fund; and

  • Supreme Court decisions addressing the scope of the Takings Clause of the U.S. Constitution.

  We trust you will find the 2021 supplement to Massachusetts Environmental Law a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

• Update: June 2019

  Dear Subscriber:

  Thank you for updating your reference library with the 2019 supplement to Massachusetts Environmental Law. Highlights from the many developments addressed in this supplement include

  • federal appellate opinions on the application of Sections 104 and 120 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and on the circumstances under which an agency action will be considered "final" for purposes of appeal;

  • Global Warming Solutions Act requirements that the Massachusetts Department of Environmental Protection (MassDEP) establish declining annual limits on greenhouse gases;

  • a new model public records request for use in obtaining records under the Massachusetts Public Records Law;

  • use of Community Preservation Act funds to rehabilitate active churches that have been designated as historic resources;

  • issuance of an executive order in 2018 repealing the National Ocean Plan and disbanding several related administrative entities;

  • Massachusetts legislation setting forth the procedures used to create agricultural commissions and defining their powers;

  • numerous cases on state and local enactments and regulations protecting wetlands and floodplains;

  • the scope of the public trust doctrine and a determination of whether parties can use private litigation to enforce public trust rights;

  • amendments in 2017 to state waterways regulations;

  • the use of Article 97 of the Amendments to the Massachusetts Constitution to protect property dedicated to a public purpose even in the absence of a recorded deed restriction;

  • numerous federal and state developments relating to government regulation of conventional air pollution and greenhouse gas emissions;

  • substantial updates on state regulation of solid waste disposal, including recent MassDEP decisions on site suitability and consideration of the effects of new limits on recycled materials shipped to China;

  • extensive developments relating to hazardous waste cleanup, including a 2018 Supreme Judicial Court determination that the statute of limitations applicable to actions under G.L. c. 21E, § 5 begins to run when a party learns that the property damage caused by the contamination cannot be reasonably remediated;

  • an update on state efforts to adapt to the effects of climate change, including elevated sea levels;

  • enactment of the Brownfields Utilization, Investment, and Local Development (BUILD) Act, which provides that certain tenants and other lessees are not necessarily "affiliated with" parties potentially liable for Brownfields contamination; and

  • recent developments relating to takings claims, including U.S. Supreme Court cases addressing standards for intervention and for assessing when multiple lots should be viewed as a single lot for takings purposes.

  This supplement also incorporates the contents of a related publication, Private Party Cost Recovery Under Massachusetts Environmental Law, which reviews in detail the law and procedure governing allocations of responsibility under Chapter 21E and associated common law causes of action.

  We trust you will find the 2019 supplement to Massachusetts Environmental Law a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

• Update: December 2016

  Dear Subscriber:

  Thank you for updating your reference library with the 2016 edition of Massachusetts Environmental Law. Highlights from the many developments addressed in this edition include

  • a Supreme Judicial Court decision rejecting Massachusetts regulations intended to implement the Global Warming Solutions Act;

  • recent case law on common law environmental actions;

  • numerous developments relating to controls on air pollution, including a revision of the eight-hour ozone standard, judicial and administrative action on the Cross-State Air Pollution Rule, and efforts to reduce emissions from power plants;

  • the availability of enhanced charitable deductions for qualified conservation contributions under the Protecting Americans from Tax Hikes (PATH) Act, passed on December 18, 2015;

  • legislation in 2014 amending tax provisions for forest, farm, and recreational land;

  • the adoption of three small municipal separate storm sewer (MS4) general permits (effective January 1, 2017);

  • a recent decision from the U.S. Court of Appeals for the First Circuit on allocating insurance coverage for environmental losses;

  • adoption of the EPA's Revised Total Coliform Rule (RTCR) for regulating the drinking water supply;

  • numerous developments relating to hazardous waste cleanup and the regulation of solid waste; and

  • updated information on environmental grant and loan programs in Massachusetts.

  We trust you will find the 2016 edition of Massachusetts Environmental Law a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Guide to Environmental Law

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Gregor I. McGregor, Esq., McGregor Legere & Stevens, PC

Chapter 2 expand

State Administration and Enforcement

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Pamela D. Harvey, Esq., Department of Environmental Protection, Commonwealth of Massachusetts
Colin G. Van Dyke, Esq., Anderson Kreiger LLP

Exhibit 2A

- Checklist: Suggestions for Dealing with MassDEP Staff

Chapter 3 expand

Governmental Enforcement Litigation

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Seth Schofield, Esq., Environmental Protection Division, Office of the Attorney General

Exhibit 3A

- Typical State Complaint Buy Form

Exhibit 3B

- Summary of Criminal and Civil Sanctions Authorized Under State Law Buy Form

Exhibit 3C

- Typical State Settlement Documents Buy Form

Chapter 4 expand

Public Interest Environmental and Energy Litigation

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Phelps Turner, Esq., Conservation Law Foundation

Exhibit 4A

- Sample Complaint: Deadline Suit Against Agency Buy Form

Exhibit 4B

- Sample Complaint: Injunctive Relief and Declaratory Judgment Suit Against Agency Buy Form

Exhibit 4C

- Sample Consent Decrees in Enforcement Suits Buy Form

Exhibit 4D

- Checklist for Lawyers Pursuing Public Interest Environmental and Energy Litigation Buy Form

Exhibit 4E

- Sample FOIA Request, Follow-up Letters, and FOIA Complaint Buy Form

Exhibit 4F

- Massachusetts Public Records Request Template Buy Form

Chapter 5 expand

Common Law Environmental Protection in Massachusetts

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Prof. R. Lisle Baker, Esq., Suffolk University Law School

Chapter 6 expand

Historic Preservation Law

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Arleen O'Donnell,

Exhibit 6A

- Checklist of Adverse Effects Considered in Evaluating Projects Under Section 106 of the National Historic Preservation Act of 1966 Buy Form

Chapter 7 expand

Taxation Law and Conservation Gifts

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Nancy E. Dempze, Esq., Hemenway & Barnes LLP

Exhibit 7A

- Model Conservation Restriction Form (with DCS Comments) Buy Form

Exhibit 7B

- Conservation Restriction Submission Form Buy Form

Exhibit 7C

- Conservation Restriction Review Process General Outline (DCS Website) Buy Form

Exhibit 7D

- Plans, Policies, and Programs Helpful in Demonstrating State and Local Public Benefit (DCS Website) Buy Form

Exhibit 7E

- Conservation Land Tax Credit Program General Selection Criteria Buy Form

Exhibit 7F

- Massachusetts Conservation Land Tax Credit Application Buy Form

Chapter 8 expand

Massachusetts Fisheries and Wildlife Law

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Harlan M. Doliner, Esq., Mabbett & Associates Inc
Meghan Morgan, Esq.,

Chapter 9 expand

Massachusetts Forest and Farmland Law

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Francis A. Di Luna, Esq., Smolak & Vaughan LLP
Robert W. Ritchie, Esq.,

Exhibit 9A

- Slash Disposal Setbacks Buy Form

Exhibit 9B

- Executive Order # 193 Buy Form

Exhibit 9C

- Current Use Taxation Chart Buy Form

Exhibit 9D

- Amendment Article 97 Buy Form

Exhibit 9E

- Probable Statutory Intent of G.L. c. 40A, § 3 Buy Form

Exhibit 9F

- Sales Ratio Tests Buy Form

Chapter 10 expand

Wetlands and Floodplain Law

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Gregor I. McGregor, Esq., McGregor Legere & Stevens, PC

Chapter 11 expand

Tidelands and Waterways Law

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Timothy J. Roskelley, Esq., Anderson Kreiger LLP
Jessica A. Wall, Esq., Anderson Kreiger LLP

Exhibit 11A

- Checklist of Criteria for a Chapter 168 Public Benefit Determination Buy Form

Exhibit 11B

- Developed Shoreline Buy Form

Exhibit 11C

- Pier 4 Mixed-Use Development Consolidated Written Determination and Project License Buy Form

Chapter 12 expand

Coastal Zone Law

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Timothy J. Roskelley, Esq., Anderson Kreiger LLP
Jessica A. Wall, Esq., Anderson Kreiger LLP

Exhibit 12A

- MCZM Program Policies Buy Form

Exhibit 12B

- Checklist of Requirements for Obtaining a Discharge Variance Under 302 C.M.R. § 5.10 Buy Form

Exhibit 12C

- The Oceans Act of 2008 Buy Form

Exhibit 12D

- 2015 Ocean Management Plan, Management Areas Buy Form

Exhibit 12E

- 2015 Ocean Management Plan, Renewable Energy Areas Buy Form

Exhibit 12F

- Massachusetts Beaches Within the Coastal Barrier Resources System Buy Form

Chapter 13 expand

Public Land Law

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Nancy Kaplan, Esq., Eversource/Legal Department

Chapter 14 expand

Massachusetts Clean Air Act

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Kathleen M. Brill, Esq., Foley Hoag LLP
Adam P. Kahn, Esq., Foley Hoag LLP
Ethan Severance, Esq., Foley Hoag LLP

Chapter 15 expand

Water Pollution Control

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Luke H. Legere, Esq., McGregor Legere & Stevens, PC

Exhibit 15A

- Checklist of Exemptions from the Sewer System Extension and Connection Permit Program (314 C.M.R. § 7.00) Buy Form

Chapter 16 expand

Public Health Law and Environmental Law

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Susan A. Bernstein, Esq., Susan A Bernstein

Exhibit 16A

- Checklist of Exceptions to Liability Under Section 10 of the Massachusetts Tort Claims Act Buy Form

Chapter 17 expand

Drinking Water Supply

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Karen L. Crocker, Esq., Department of Environmental Protection, Commonwealth of Massachusetts

Exhibit 17A

- Checklist of Major Components of the Watershed Protection Act of 1992 Buy Form

Exhibit 17B

- Checklist of Key Provisions: The 1996 Safe Drinking Water Act Amendments Buy Form

Chapter 18 expand

Solid Waste Regulation in Massachusetts

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Peter F. Durning, Esq., Mackie Shea Durning, PC
Thomas A. Mackie, Esq., Mackie Shea Durning, PC

Exhibit 18A

- Criteria for Siting Buy Form

Exhibit 18B

- Checklist of General Site-Suitability Standards Under 310 C.M.R. § 16.40(4)–(5) Buy Form

Chapter 19 expand

Land Use Planning

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Barbara Carboni, Truro Town Hall
Jonathan D. Witten, Esq., KP Law, PC

Chapter 20 expand

Zoning, Subdivision, and Nonzoning Land Use Controls

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Nathaniel Stevens, Esq., McGregor Legere & Stevens PC

Exhibit 20A

- Checklist for Special Permit Procedure Buy Form

Exhibit 20B

- Checklist for Variance Procedure Buy Form

Exhibit 20C

- Checklist for Zoning Enforcement Procedure Buy Form

Chapter 21 expand

Hazardous Materials Law

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Aladdine D. Joroff, Esq., City of Boston

Exhibit 21A

- Checklist: Summary of Reporting Requirements Under EPCRA and Implementing Regulations Buy Form

Chapter 22 expand

Hazardous Waste Cleanup

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Peter F. Durning, Esq., Mackie Shea Durning, PC
John F. Shea, Esq., Mackie Shea Durning, PC

Exhibit 22A

- Emerging Contaminants Buy Form

Exhibit 22B

- Vapor Intrusion Conceptual Site Model and Charts Illustrating Evaluation Process and Critical Exposure Pathway Buy Form

Exhibit 22C

- Similar Soils Provision Guidance Buy Form

Exhibit 22D

- Evolution of the MCP Buy Form

Exhibit 22E

- Audit Fact Sheet Buy Form

Exhibit 22F

- Evolution of Chapter 21E Buy Form

Exhibit 22G

- MCP Timelines and Fees Buy Form

Exhibit 22H

- Summary of the Fee Changes Related to the 2014 Massachusetts Contingency Plan (MCP) Revisions Buy Form

Exhibit 22I

- Downgradient Property Status Fact Sheet Buy Form

Exhibit 22J

- Model Notice of Demand Pursuant to G.L. c. 21E, § 4A Buy Form

Exhibit 22K

- Model Response to Section 4A Demand Notice Buy Form

Exhibit 22L

- MCP Cleanup Timeline Buy Form

Exhibit 22M

- New MCP Questions and Answers Buy Form

Exhibit 22N

- MassDEP Fact Sheet on Brownfields and Waste Site Cleanup Programs Buy Form

Exhibit 22O

- Fact Sheet: The Massachusetts Waste Site Cleanup Program—The Basics Buy Form

Chapter 22A expand

Private Party Cost Recovery

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Christopher Foster, Esq., EastWind Law LLC
Morgan I. Phillips,

Exhibit 22A-A

- Sample Notification Letter Buy Form

Exhibit 22A-B

- Checklist Regarding Claim Notice Under G.L. c. 21E, § 4A Buy Form

Exhibit 22A-C

- Checklist Regarding Claim Response Under G.L. c. 21E, § 4A Buy Form

Exhibit 22A-D

- Sample Complaint Buy Form

Exhibit 22A-E

- Sample Standstill and Tolling Agreement Buy Form

Exhibit 22A-F

- Checklist of Key Witnesses Likely to Be Deposed in a Chapter 21E Case Buy Form

Chapter 23 expand

MEPA Review

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R.J. Lyman, Esq., Dain, Torpy, Le Ray, Wiest & Garner, PC

Chapter 24 expand

Environmental Engineering for Lawyers

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Ronald E. Myrick, Esq.,
Sean Reardon, Tetra Tech, Inc.

Exhibit 24A

- Hazardous Waste Site Assessment Initial Data Source Checklist Buy Form

Chapter 25 expand

Environmental Science for Lawyers

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David Biancavilla, BSC Group, Inc
Ingeborg E. Hegemann, BSC Group, Inc
Melissa Kaplan, BSC Group, Inc
Dominic Rinaldi, BSC Group, Inc

Exhibit 25A

- Bibliography Buy Form

Exhibit 25B

- List of Useful Websites Buy Form

Chapter 26 expand

State Environmental Grant and Loan Programs

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Jamy Buchanan Madeja, Esq., Buchanan & Associates
Jennifer Sulla, Esq., Executive Office of Energy & Environmental Affairs

Chapter 27 expand

Insurance Issues in Environmental Practice

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Harvey Nosowitz, Esq., Anderson Kreiger LLP
Steven L. Schreckinger, Esq., Anderson Kreiger LLP

Chapter 28 expand

Environmental Issues in Real Estate Practice

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Robert D. Cox, Jr., Esq., Bowditch & Dewey LLP

Exhibit 28A

- Basic Conditions for Offer Buy Form

Exhibit 28B

- Intermediate Conditions for Offer to Purchase Premises with Known Contamination Buy Form

Exhibit 28C

- Basic Indemnification Clause for Purchase and Sale Agreement Buy Form

Exhibit 28D

- Intermediate Indemnification Agreement for Execution as a Separate Contract Buy Form

Exhibit 28E

- Advanced Indemnification Agreement Buy Form

Exhibit 28F

- Warranties and Representations for Leaking Underground Tank Cleanup Buy Form

Exhibit 28G

- Lease Provisions on Hazardous Materials Buy Form

Exhibit 28H

- Typical Financing Indemnity Provision Buy Form

Chapter 29 expand

The Police Power and Regulatory Takings

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Gregor I. McGregor, Esq., McGregor Legere & Stevens, PC

Glossary expand

Glossary of Environmental Law Abbreviations

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Author(s)