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. 

Subscribe for updates via:

Meet the Contributors

Topics

Recent Posts

Click here to learn more about us

New York State Adopts Drug Take Back Law Requiring Drug Manufacturers to Develop, Implement and Pay All Costs of a Statewide Drug Take Back Program

Governor Cuomo signed into law on Tuesday, July 10, 2018 the New York State Drug Take Back Act (“Act”). New York joins the State of Washington as the first two states to adopt statewide drug take back programs for unwanted drugs from households.  In 2016, Massachusetts created a narrower take back stewardship program that focused on the safe and proper collection and disposal of opioids and benzodiazepines from households.  The New York law also follows numerous West Coast city and county-level measures adopted in recent years targeting the management of unwanted medicines. Read More ›

New California Proposition 65 Warning Regulations Take Effect August 30th

In less than two months the safe harbor warning regulations for California’s Proposition 65 will be amended and operative, ending a two-year phase in period.  As we have covered previously, the California Office of Environmental Health Hazard Assessment’s (OEHHA’s) final amendments to the Proposition 65 regulations revise the clear and reasonable safe harbor warnings and it is important for businesses to be prepared.[1] Read More ›

MassDEP Poised to Regulate PFAS in the Drinking Water and Site Cleanup Programs

MassDEP is one step closer to issuing draft regulations this summer regulating PFAS in drinking water with the June 8, 2018, issuance by its Office of Research and Standards of recommended interim toxicity and drinking water guideline values for PFAS. Read More ›

Case Closed: Nonprofits Eligible for Brownfields Tax Credits for Pre-2006 Cleanups

Massachusetts’ top court has given finality to a 2017 ruling by the Massachusetts Appeals Court that nonprofits are eligible for transferrable brownfields tax credits for remediation conducted prior to 2006. By denying further appellate review on May 4, 2018, the Massachusetts Supreme Judicial Court let stand the Appeals Court’s ruling, leaving no further route for the Massachusetts Department of Revenue to avoid granting nonprofits these credits under these circumstances. Northeastern University et al. v. Commissioner of Revenue, 479 Mass. 1107 (2018). In response to our inquiry, the DOR has informed us that they will issue a Technical Information Release addressing this court decision and stated that its guidance on brownfields tax credits remains in effect except where inconsistent with the Court’s decision. Read More ›

Appeals Court Offers Path for Challenging ZBA’s Failure to Act

A constructive approval cannot be obtained where a zoning board of appeals secretary promptly returns an application and filing fee and says it does not have jurisdiction, according to the Massachusetts Appeals Court in its unpublished recent decision of Neli Ridge, LLC v. Town Clerk of Wilmington, 93 Mass.App.Ct. 1109 (2018). Read More ›

Some Zoning Deadlines Matter More than Others Says the Massachusetts Appeals Court

Deadlines matter, particularly in the world of Massachusetts zoning. Statutory deadlines govern everything from when a board must hold hearing to the number of days within which to file an appeal. Need a zoning freeze? There are multiple deadlines for that. And the result of missing a deadline is often draconian: waiver of appeal rights, loss of zoning freeze protection, dismissal of cases. Read More ›

With This Tie, There Is a Winner: 4-4 SCOTUS Ruling Results in Victory for Native Americans and a Clear Mandate for Washington to Correct Culverts

In most instances, a tie means there is no winner and no loser.  Not so with the U.S. Supreme Court’s 4-4 tie in the “Culverts Case” (one branch of the sprawling U.S. v. Washington case) on June 11, 2018.  Instead, by effectively affirming the Ninth Circuit decision below, this tie is a significant win for the United States and twenty-one Native American Tribes (“Tribes”) and a significant loss for Washington State. Read More ›

Full Steam Ahead: EPA Moves Forward with Key Initiative to Reduce Emissions at U.S. Ports

EPA’s Office of Transportation Air Quality recently issued a report titled “EPA and Port Everglades Partnership: Emission Inventories and Reduction Strategies” (“the Port Everglades Report”).[1] The Port Everglades Report comes in the wake of EPA’s 2016 “National Port Strategy Assessment: Reducing Air Pollution and Greenhouse Gases at U.S. Ports.”[2] Both the Port Everglades Report and the National Port Strategy Assessment are part of EPA’s “Ports Initiative,”[3] which seeks to establish a framework for stakeholders to evaluate and implement air pollution emission-reduction initiatives at ports. Read More ›

NGOs Challenge Department of Interior’s New Interpretation of “Incidental Take” Liability Under Migratory Bird Treaty Act

National environmental groups recently filed a pair of new lawsuits in New York federal district court seeking to expand the scope of liability for “incidental take” under the Migratory Bird Treaty Act (“MBTA”).[1]  The litigation seeks to overturn recent legal and policy guidance issued by the United States Department of the Interior (“DOI”) and Fish and Wildlife Service (“FWS”) which provided greater regulatory certainty by limiting those agencies’ enforcement actions under the MBTA to claims of intentional harm to migratory birds.  If the new lawsuits prevail, many industries may once again face potential criminal liability for day-to-day operations posing a risk of unintentional effects on migratory birds.  The lawsuits are also a reminder that courts remain split on the scope of MBTA liability, that MBTA enforcement policy may shift between administrations, and that other statutes still make avian protection a key component of environmental planning and compliance at many facilities. Read More ›

EPA Proposes to Rescind RMP Provisions Amended Under Obama Administration, Seeks Comments

On May 30, 2018, the U.S. Environmental Protection Agency (EPA) published a proposed rule (Proposed Rule) that would rescind the majority of the amendments to the RMP rule that were finalized in January 2017 in the final days of the Obama Administration (RMP Amendments Rule).  Comments on the Proposed Rule are due on or before July 30, 2018. Read More ›