On March 14, 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed National Primary Drinking Water Regulation (NPDWR) which, if finalized, would set enforceable limits, known as Maximum Contaminant
Continue Reading PFAS in Drinking Water: EPA Proposes Historic New Regulation
Building on the Department of the Interior’s August 2022 announcement addressing the ongoing “megadrought” crisis in the Western United States, and October 2022 announcement that provided new “drought resilience” and
Continue Reading U.S. Interior Department Initiates Actions to Protect Colorado River System, Reduce Deliveries
In light of the “worsening drought crises” and “critically low reservoir conditions” in the Western United States, on Aug. 16, 2022, the U.S. Department of the Interior (“Interior”) announced a
Continue Reading Interior Department Determines ‘Tier 2 Shortage Conditions’ on Colorado River Requiring Additional Water Delivery Cuts, Other Actions in 2023
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
Continue Reading DEP’s Municipal Harbor Plan Regulations Invalid
The Maryland Department of the Environment has for many years sought to meet its obligations under the Clean Water Act and the Chesapeake Bay Total Maximum Daily Load in part
Continue Reading Storm Sewers and Impervious Cover in Maryland: A Further Update
On April 6, the Supreme Court used the “Shadow Docket” to reinstate a Trump administration regulation governing state water quality certifications under section 401 of the Clean Water Act. Louisiana
Continue Reading Supreme Court Grants Stay of Lower Court Ruling That Vacated Trump Water Rule
The Massachusetts Appeals Court (the intermediate appellate court) has decided two cases this month addressing when a local conservation commission can impose conditions on development that affects wetlands in addition
Continue Reading Local Preemption and Wetlands in Massachusetts
When one cleans up contaminated property, often the cleanup calls for a neighbor to allow some action to address contamination migrating onto that neighbor’s property. A case from the Court
Continue Reading Neighbors’ Tort Claims Even After a Cleanup
The Biden-Harris administration is quickly establishing new federal environment requirements affecting commercial property owners and managers. These requirements, along with changes occasioned by the COVID-19 pandemic, raise a host of
Continue Reading The Top 5 New Environmental Issues for Commercial Property Owners or Managers
On November 2, voters in New York approved “Proposal 2” and adopted a new section 19 to Article I of the state constitution that reads: “Each person shall have a
Continue Reading The New Environmental Rights Amendment to the New York Constitution