Massachusetts

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…
Continue Reading Massachusetts High Court Rules Leaded Gasoline is Not “Oil” Subject to Less Stringent Cleanup Requirements

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…
Continue Reading Massachusetts High Court Rules Global Warming Solutions Act Mandates Annual, Declining Restrictions on GHG Emissions

Massachusetts Governor Charlie Baker has filed legislation that moves Massachusetts one step closer to a long-desired goal:  authorization to administer the Clean Water Act NPDES permitting program.  Currently, Massachusetts is…
Continue Reading Massachusetts Takes Important Step Towards Clean Water Act Permitting Delegation

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