Hamilton Hackney III

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Following a developing trend around the country, the Massachusetts Department of Agriculture (DAR) recently promulgated regulations restricting how fertilizers containing phosphorous, nitrogen or potassium may be applied.  The goal of these regulations is to reduce nutrient loading to waterbodies, which can lead to eutrophication and other negative water quality impacts.

The regulations, promulgated at 330 CMR 31.00, were authorized by Chapter 262 of the Acts of 2012 (An Act Relative to the Regulation of Plant Nutrients).  While restricting both, the regulations distinguish between agricultural and non-agricultural uses of fertilizers.  For non-agriculture fertilizer uses, fertilizers containing more than 0.67% phosphate by weight (excluding compost and organic fertilizers) are restricted in various ways, including:
Continue Reading Massachusetts Regulates Fertilizer Use to Reduce Nutrient Water Pollution

More than 40 years after Congress passed the landmark Clean Water Act, the jurisdictional reach of that statute remains a contentious legal and political issue. By prohibiting the discharge of…
Continue Reading Clean Water Act Jurisdiction under the Newly Issued Clean Water Rule

The Massachusetts Department of Environmental Protection (MassDEP) recently finalized a substantial overhaul of its contaminated site cleanup regulations, the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000.  These revisions significantly modify…
Continue Reading MassDEP Finalizes Important Revisions to Contaminated Site Cleanup Regulations

In a case of first impression, the Massachusetts Supreme Judicial Court (“SJC”) recently rejected a landowner’s challenge to the so-called Priority Habitat regulations issued under the Massachusetts Endangered Species Act (“MESA”).  Pepin vs. Division of Fisheries and Wildlife, 467 Mass. 210 (2014).  These regulations require that projects located in areas mapped as Priority Habitat must undergo pre-development review to determine if the proposed project may result in a “take” of state-listed species.  Because significant portions of Massachusetts have been designated as Priority Habitat (nearly 340,000 acres in western Massachusetts alone), this case has been closely followed due to its potential consequences to real estate development in Massachusetts
Continue Reading Massachusetts Endangered Species Act Regulations Upheld as Valid Agency Rulemaking

Anyone who has reviewed the standard terms and conditions that accompany environmental consulting agreements is familiar with the various ways in which environmental consultants seek to limit their exposure to…
Continue Reading Massachusetts Appeals Court Throws Out Contractual Limitations Period in Environmental Consulting Agreement