Lauren A. Liss, senior counsel in the Environmental, Energy, and Real Estate practices in global law firm Greenberg Traurig, LLP’s Boston office, was named a 2023
Continue Reading Lauren A. Liss Named 2023 Massachusetts ‘Go To’ Lawyer for Environmental and Energy LawMassachusetts
DEP’s Municipal Harbor Plan Regulations Invalid
The Massachusetts Supreme Judicial Court has ruled that the Department of Environmental Protection (DEP) did not have authority to give the Secretary of Environmental Affairs the power to approve municipal…
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Greenberg Traurig Secures Massachusetts Supreme Judicial Court Victory in Solar Facility Development Dispute
In a much anticipated and closely watched case, global law firm Greenberg Traurig, LLP, led by Boston office attorneys John F. (Jay) Farraher, Jr., David C. Fixler,…
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Massachusetts Supreme Judicial Court Allows Enforcement to Require Removal of Unauthorized Wetlands Fill for Three Years After Each New Property Transfer
On August 31, the Massachusetts Supreme Judicial Court (the highest court in the Commonwealth) decided that the local conservation commission (and presumably the state) can sue a new owner of…
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Massachusetts Gov. Baker Issues Comprehensive Climate Change Strategy
The 2008 Massachusetts Global Warming Solutions Act (GWSA) set ambitious goals for reducing greenhouse gas (GHG) emissions and mitigating the potential risks posed by climate change. Last week, Gov. Baker…
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Massachusetts High Court Rules Leaded Gasoline is Not “Oil” Subject to Less Stringent Cleanup Requirements
The Massachusetts Supreme Judicial Court (SJC) upheld a statutory interpretation by the Massachusetts Department of Environmental Protection (MassDEP) that the statutory definition of “oil” does not include leaded gasoline. As…
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Massachusetts High Court Rules Global Warming Solutions Act Mandates Annual, Declining Restrictions on GHG Emissions
In a decision that will have far-reaching consequences for the Massachusetts economy, Massachusetts’ highest court has ruled that the Global Warming Solutions Act (GWSA), passed in 2008, mandates the imposition…
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Massachusetts Regulates Fertilizer Use to Reduce Nutrient Water Pollution
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:
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Massachusetts Governor Orders Comprehensive Review of State Regulations
On March 31, 2015, the Governor of Massachusetts signed an executive order initiating a comprehensive review of all regulations promulgated by the Executive Department and leaving in place the regulatory…
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