In a time when the Environmental Protection Agency’s general policy toward noncompliance has been one of restraint to account for the obstacles presented by COVID-19, the agency has nevertheless continued to move forward in an aggressive manner on regulation of Per-...
In June of 2017, the Massachusetts Appeals Court addressed the scope of authority of the Wetlands Protection Act (WPA) over commercial fishing using hydraulic dredging methods. In addition, the Court addressed whether a town by-law prohibiting hydraulic dredging with...
The Environmental Protection Agency is seeking public comment on its Draft Risk Evaluation on Asbestos. Finalizing this assessment is the next step in its evaluation of the risks associated with asbestos, a review it is authorized to do by the Toxic Substances Control...
Forty more chemical substances have been designated as high or low priority for risk evaluation by the Environmental Protection Agency. The EPA has proposed twenty of the substances to be low-priority, and the other twenty to be high-priority, as defined under the...
The EPA has released a proposed Systematic Review Protocol that, when finalized, will be used to conduct toxicity assessments for five of the variations of per- and polyfluoroalkyl substances (PFAS). The Protocol is an amalgamation of the procedures and methods that...
A group of public health and environmental advocacy organizations has filed a lawsuit in the Second Circuit challenging the EPA’s partial ban on methylene chloride, a chemical found in paint removal products. Specifically, the lawsuit alleges that the commercial...
The EPA has released guidance on a new rule that prohibits the manufacture, processing, or distribution of a the chemical methylene chloride, a solvent that is present in paint and coating removal products. The agency released this rule under the authority of the...
In the January / February 2019 issue of the Massachusetts Bar Association's Section Review, CMBG3's Suzanne Englot write on the issue of an attorney's role as not only a problem solver, but also one who can help spot problems before they arise, thereby preventing...
Congratulations to CMBG3's Suzanne Englot, whose article (Reducing Risk In Environmental Liability Policies) was published on January 7, 2019 in the PropertyCasualty360 online journal. PropertyCasualty360 is an online publication that is targeted to insurance buyers...
In 1984, the United States Supreme Court in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., determined that, “where legislative delegation to [an] agency on particular question is implicit rather than explicit, [a] court may not substitute its...