Environmental Law Portal

Welcome to the Beveridge & Diamond Environmental Law Portal.

Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

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D.C. Circuit Ruling on Industry Challenge and New SEC Conflict Minerals Disclosure Guidance

Companies preparing to comply with the Securities and Exchange Commission’s (“SEC”) conflict minerals due diligence and disclosure requirements by May 31st will need to assess several breaking developments impacting company reporting obligations under Section 1502 of Dodd-Frank and the SEC’s Conflict Minerals Rule.   Read More ›

California Considers Revisions to Proposition 65 Warning Requirements

The California Office of Environmental Health Hazard Assessment (“OEHHA”) issued a pre-regulatory proposal for new regulations that would change the requirements for warnings provided under Proposition 65 for exposures to certain chemicals identified by the State to cause cancer or reproductive toxicity. The “informal” pre-regulatory draft, if adopted as proposed, would overhaul the requirements relating to Proposition 65 warnings for manufacturers, retailers, and service-providers doing business in the State. Notably, the proposal would require warnings to specify certain listed chemicals, mandate specific warning language for certain exposure scenarios, and require businesses to submit extensive product and exposure-related information to OEHHA. The comment period on the pre-regulatory draft will be open until May 14, 2014.  Read More ›

California Announces Initial Draft Priority Products Under California Safer Consumer Products Regulations

On March 13, 2014, the California Department of Toxic Substances Control (“DTSC”) announced the first set of draft priority products that, if finalized, will be subject to the requirements of the California Safer Consumer Products (“SCP”) Regulations.   Read More ›

Promotions and New Arrivals

Beveridge & Diamond is pleased to announce that Megan Brillault and Edward Grauman were elected Principals, John Paul was elected Of Counsel, Alexia Beer joined as Of Counsel, and Kristin Gladd, Alexander Horning, Jessalee Landfried, Andrew Mayer, Gayatri Patel, Virginie Roveillo and Daniel Schulson joined as Associates.  Read More ›

European Commission Releases Draft Conflict Minerals Regulation

On March 5, 2014, the European Commission released its long-awaited draft conflict minerals regulation (the “draft Regulation”). The draft Regulation would establish an approach that is fundamentally different than the U.S. Dodd-Frank Act and Securities and Exchange Commission (“SEC”) rule, i.e., a voluntary system of self-certification for importers of tin, tantalum, tungsten and gold into the European Union (“EU”). The draft Regulation is accompanied by a Joint Communication by the Commission and High Representative of the EU for Foreign Affairs and Security Policy (the “Communication”) that outlines a number of initiatives to encourage responsible sourcing by EU companies.  Read More ›

House Republicans Release Draft TSCA Modernization Legislation

With the release of a February 27, 2014 discussion draft for a bill to be known as the “Chemicals in Commerce Act” (“CICA”),[1] the Republican-controlled House of Representatives has reentered and potentially reinvigorated discussions on modernization of the Toxic Substances Control Act (“TSCA”). The discussion draft was unveiled by Rep. John Shimkus (R-IL), Chairman of the Environment and the Economy Subcommittee of the House Energy and Commerce (“HEC”) Committee.[2] As drafted, the CICA would make substantial changes to regulation of chemicals in the United States. However, it is already raising some controversy.   Read More ›

Two New Associates Welcomed in B&D’s Wellesley Office

The Wellesley office of Beveridge & Diamond is very pleased to welcome two new associates, who will help continue the office’s focus on environmental, land use, and litigation.  Heidi Knight has relocated from B&D’s Baltimore office and will continue her practice on regulatory compliance, environmental transactions, and due diligence, with particular emphasis on the Clean Air Act and its state equivalents. She regularly counsels coke producers, petroleum product manufacturers, chemical companies, automotive part manufacturers, and other industrial clients on air and other environmental and safety matters.  Ms. Knight is admitted in Maryland only, and is practicing pursuant to Mass. Sup. Jud. Ct. Rule 3:07, RPC 5.5(c)(1) under the direct supervision of Principals of the Firm.

Virginie Roveillo joins the office from the Conservation Law Center in Bloomington, Indiana after graduating from Middlebury College and Pace University School of Law.  Her practice will include all aspects of environmental law including regulatory compliance counseling for the firm’s national clients.

Actual Notice, Constructive Notice, and Duty of Inquiry All Critical in Determining Whether Appeal of Building Inspector’s Decision is Timely Says Massachusetts Appeals Court

Just how strictly Massachusetts courts will apply the 30-day deadline for appealing a decision by a local building inspector’s zoning determination to the zoning board of appeals continues to evolve, balancing actual notice, constructive notice, and “a duty of inquiry,” in the Massachusetts Appeals Court’s decision in Paul Miles-Matthias v. Zoning Board of Appeals of Seekonk, No. 13-P-635 (Feb. 11, 2014).  The problem is caused by the fact that parties other than those who make the request to the building inspector are not given notice of either the request for the ruling or the building inspector’s decision, even though M.G.L. c. 40A, § 15, requires an appeal to be filed within 30 days of such a decision.  Read More ›

Massachusetts Enacts Commercial Food Waste Disposal Ban

The Massachusetts Department of Environmental Protection (MassDEP) has expanded its waste disposal bans to include commercial food wastes produced by large generators, effective October 1, 2014. Read More ›

EPA Region 1 Focuses Enforcement Lens on Risk Management Under the Clean Air Act

Until recently, occupational safety programs, covering subjects such as mechanical integrity, process hazard analysis and management of change, were not issues of concern for most environmental managers or environmental lawyers.  These programs were typically considered the purview of the Occupational Safety and Health Administration (OSHA), and they were therefore addressed by occupational safety managers.  Environmental professionals take note: those days are over. Read More ›