Massachusetts Land Use Monitor

Massachusetts Land Use Monitor

Real-Time News & Commentary on Massachusetts Land Use & Real Estate Law

Tag Archives: MassDEP

Spring Training for Land Use Lawyers

Posted in Miscellaneous
Should the Red Sox start Jackie Bradley, Jr. in left?  I don’t know.  But I do know that the Boston Bar Association’s Land Use and Development Committee, co-chaired by my colleague and fellow MLUM contributor Johanna Schneider, is co-sponsoring two lunch programs of interest to land use lawyers.  The first program, scheduled for April Fool’s Day… Continue Reading

MassDEP Regulatory Reform Will Streamline Chapter 91

Posted in Environmental
Mass DEP recently released a progress report (pdf) on its Regulatory Reform Initiative.  First launched in the spring of 2011, the reform initiative has entailed an agency-wide assessment of current practices and regulations, spawning a detailed action plan (pdf) and extensive public input, as well as a broadening of the initiative by identifying additional areas for reform.  The initiative is intended to simplify the regulatory process by introducing general permitting,… Continue Reading

MassDEP’s Chapter 91 Jurisdiction: Where’s The Line Between Fact And Fiction?

Posted in Waterfront Property
A recent MassDEP administrative decision, In the Matter of Armstrong (pdf), proves that you can fight City Hall (in this case, MassDEP) and win.  However, it also demonstrates the level of effort needed to be victorious.  At issue in Armstrong was the accuracy of the 2006 Chapter 91 Mapping Project that was performed to establish presumptive Chapter 91 lines… Continue Reading

Conservation Law Foundation to the Rescue?

Posted in Environmental, Miscellaneous
Help is on the way for beleaguered environmental enforcement agencies that have experienced severe budget cuts over the past few years.  As reported here, the budgetary cuts at MassDEP have been especially deep.  The Conservation Law Foundation (CLF) has stepped into the breach by suing businesses that CLF alleges are causing releases of pollution into the waters of the Commonwealth. … Continue Reading

Vapor Intrusion Update: EPA Issues New Findings on PCE

Posted in Environmental, Legislation, Policy
As reported here and here, MassDEP’s Final Interim Vapor Intrusion Policy (pdf) is causing consternation among property owners who had thought that their state-managed cleanup sites had been given a clean bill of health, only to have those sites re-opened when MassDEP dramatically reduced the acceptable levels of certain chemicals found in groundwater below the sites.  A… Continue Reading

MassDEP to Hold Public Sessions on Regulatory Reform

Posted in Environmental, Miscellaneous, Policy
To take place for the next two weeks, MassDEP has scheduled Topic-Specific Discussions on its Regulatory Reform Initiatives (based on that title, I assume they really, really want the discussions to remain on topic).  The schedule is as follows:   MCP Standards – Friday, February 3rd at 10 AM (to address EPA changes in Integrated Risk Information Systems and… Continue Reading

MassDEP Releases “Interim Final” Vapor Intrusion Guidance

Posted in Environmental, Policy
Raising the interesting question, what does the oxymoron “Interim Final” mean?, MassDEP recently released its Interim Final Vapor Intrusion Policy (pdf).  According to MassDEP, “Final” means that the public can use the policy as a guidance document that can be cited.  However, be aware that the guidance is intended to serve as a transition document until MassDEP promulgates revised vapor… Continue Reading

MassDEP News: Regulatory Reform, IT Failure, New Assistant Commissioner

Posted in Environmental
Last week’s freak snowstorm has claimed another victim – the Massachusetts Department of Environmental Protection’s (MassDEP) proposed regulatory reforms.  In an e-mail (pdf) sent this week, MassDEP announced that, because of the havoc wreaked by the snowstorm, it has extended the deadline for public comment on the proposed reforms from November 21st until December 5th.  For more detail, read… Continue Reading