May 2012
15 Walnut Street, Suite 400
Wellesley, MA 02481-2133
(781) 416-5715
15 Walnut Street, Suite 400
Wellesley, MA 02481-2133
(781) 416-5713
15 Walnut Street, Suite 400
Wellesley, MA 02481-2133
(781) 416-5733
15 Walnut Street, Suite 400
Wellesley, MA 02481-2133
(781) 416-5710


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Massachusetts Environmental Developments

MassDEP Proposes Limited Tailoring of its GHG Operating Permit Program, without Tailoring the Rest

On May 14, 2012, the Massachusetts Department of Environmental Protection announced proposed changes to the state’s major source operating permit program to tailor its applicability to facilities that emit greenhouse gases.

Massachusetts Proposes Strict Regulations for Biomass

In April 2012, the Massachusetts Department of Energy Resources issued Proposed Final Regulations that further limit the eligibility of woody biomass as a fuel source for Renewable Energy Credits under the Massachusetts Renewable Energy Portfolio Standard.

Top Massachusetts Court Rejects Another Challenge to Cape Wind Project

The Massachusetts Supreme Judicial Court dismissed yet another challenge to the Cape Wind project that would construct an offshore wind farm in Nantucket Sound in Melone v. Department of Public Utilities, SJC-10921 and 10922 (May 9, 2011).

MassDEP To Propose Substantive Changes for Solid Waste Transfer Station Permitting and Solid Waste Facility Monitoring

As we have previously reported, the Massachusetts Department of Environmental Protection is studying many regulatory reform options in order to respond to declining funding. The primary thrust of these efforts has been to find ways to reduce agency staff time by transitioning programs to become more self-implementing.

Citizens Groups Cannot Rely on Intervener Status in Site Assignment Proceedings as Basis for Standing to Appeal Board of Health’s Decision to Superior Court

Citizens groups in Massachusetts who participate in public hearings for site assignments of landfills and other waste management facilities before local boards of health do not necessarily have standing to appeal the ultimate decision to court.

Superior Court Affirms Authority of LSP Board to Discipline LSP, Rejecting DALA’s Recommended Decision

In only the second appeal of a final decision of the Board of Registration of Hazardous Waste Site Cleanup Professionals (the Board), the Superior Court affirmed the authority of the Board to discipline an LSP despite the recommendation of the magistrate.

Massachusetts Appeals Court Affirms Dismissal of Appeal of Penalty for Failure to Escrow Penalty Amount

Failure to escrow the full amount of an administrative penalty levied by the Massachusetts Department of Environmental Protection could result in dismissal of an appeal under the Massachusetts Appeals Court’s holding in Blackinton Commons LLC v. MassDEP, 2012 Mass.App.Unpub. LEXIS 536 (April 27, 2012).

Massachusetts Land Use Developments

Municipal Regulation Limiting Options Under the State Building Code Found Unconstitutional

Finding a local ordinance in violation of the Home Rule Amendment, the Massachusetts Supreme Judicial Court has struck down a municipal mandate limiting owners to installing a single type of fire protective signaling system notwithstanding the State Building Code’s approval of four such systems.

House "Jobs Bill" Seeks to Amend Permit Extension Act

Sections 31 and 32 of House Bill 4093, An Act Relative to Infrastructure Investment, Enhanced Competitiveness and Economic Growth in the Commonwealth, proposes an expansion of the 2010 Permit Extension Act by further extending local and state permits.

Check Massachusetts Land Court Rules on your iPad or Kindle

Practitioners and litigants anxious to check how much time they have to file an opposition or how to serve a complaint can consult their Kindle or iPad now that various Massachusetts rules of court are available for free for those and other devices.

National Developments

U.S. Postal Service Bans International Mailing of Lithium Batteries

On May 14, 2012, the U.S. Postal Service ("USPS") published a final rule prohibiting, at least for the time being, all outbound international shipment of lithium batteries via USPS as of May 16, 2012.

Beveridge & Diamond Secures Dismissal of Challenge to Solid Waste Facility Operating Agreement in New York Supreme Court

In an issue of first impression for New York’s courts, litigators in Beveridge & Diamond’s New York office secured a dismissal of a petition seeking an annulment of a resolution adopted by the Town of Colonie, which authorized the town to enter into a 25-year operating agreement with a private entity.

D.C. Circuit Rejects Longstanding Interpretation of Statute of Limitations for OSHA Recordkeeping Violations

In a case of first impression in the courts of appeals, the D.C. Circuit has held that OSHA cannot cite employers for failure to record work-related injuries and illnesses more than six months after the initial obligation to record the cases occurred. This emphatic decision disagrees with a line of Occupational Safety and Health Review Commission decisions going back nearly two decades.

U.S. Fish and Wildlife Service Issues Final Land-Based Wind Energy Guidelines for Wildlife Protection

On March 23, 2012, the U.S. Department of the Interior’s Fish and Wildlife Service  released the "U.S. Fish and Wildlife Service Land-Based Wind Energy Guidelines."

Supreme Court Rules Property Owners May Challenge EPA Compliance Orders

In a closely-watched case, the U.S. Supreme Court on March 21 told the Environmental Protection Agency to stop "strong-arming . . . regulated parties" who wish to go directly to court to contest compliance orders that assert jurisdiction over wetlands as well as other waters under the Clean Water Act.  

Firm News & Events

Beveridge & Diamond Launches Environmental, Land Use and Litigation Law Portal

Beveridge & Diamond, P.C. is pleased to announce the launch of its Environmental, Land Use and Litigation Law Portal.

Beveridge & Diamond Named to National Law Journal’s Midsize Hotlist For Second Year in a Row

The National Law Journal has named Beveridge & Diamond, P.C. to its "2012 Midsize Hotlist," marking the second year in a row that Beveridge & Diamond has received this honor from the country’s leading legal publication.

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