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The Global Warming Solutions Act’s Mandate to Reduce Greenhouse Gas Emissions: A Fool’s Errand?

The Massachusetts Supreme Judicial Court (Massachusetts’ highest court) recently concluded that the Massachusetts Department of Environmental Protection (“DEP”) failed to adequately comply with the Global Warming Solutions Act because it did not adopt regulations that would mandate a 25% reduction in greenhouse gas emissions by 2020.  Kain v. Department of Environmental Protection The Court found […]

An Environmental Closure By Another Name May Not Sound As Sweet

The Massachusetts Department of Environmental Protection promulgated revisions to the Massachusetts Contingency Plan in the spring of last year.  One of the changes made to the clean-up regulations was to change the terms used for the filings made to “close-out” a site from “Response Action Outcome” statements (or RAOs) to Permanent Solutions or Temporary Solutions.  […]

A Little Bit of Clarity for Hazardous Waste Site Closures

One of the good things about the Massachusetts program for cleaning up hazardous waste sites is the privatized nature of the process, and the fact that a party can get to “closure” without waiting for approval from the state.  However, one problem that occasionally is encountered, especially in explaining the finality of the process to […]