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

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

The federal Clean Water Act (CWA) prohibits the discharge of pollutants from any point source into “navigable” waters of the United States without a Section 404 Permit issued by the Army Corps of Engineers (Corps).  Once this permit has been issued, the Environmental Protection Agency (USEPA) monitors permit compliance, sharing concurrent jurisdiction with the Corps.

DJB wetlands blog photoThere has

Since changing its approach to vapor intrusion two years ago, the Massachusetts Department of Environmental Protection (DEP) has yet to finalize its vapor intrusion policy.  As reported here, based on new studies, DEP is concerned that vapor from chemicals in groundwater – which can rise through soils and make its way into buildings – is more harmful than previously

The Appeals Court had a momentous decision to make in Killorin v. Board of Appeals of Andover – a decision that would mark the difference between entropy and order.  Imagine a world in which every condition in every special permit, variance, subdivision approval, site plan approval, wetlands permit, and other discretionary approval affecting the use of

A bill making its way through the Massachusetts legislature – House Bill H254 (pdf) – would drastically change longstanding Massachusetts law regarding waterfront property ownership.  Under current law, a waterfront property owner owns the beach – down to the low water mark – that is “attached” to his or her upland property.  I use the term “attached” because

The Boston Herald’s Jerry Kronenberg reports that Massachusetts Attorney General Martha Coakley has opened an investigation into “creditor misconduct in connection with unlawful foreclosures,” with a particular focus on Mortgage Electronic Registration Systems, Inc. (MERS).  The Herald article is here, and some of our own MERS-related posts are here, here and here.

As reported here, the Massachusetts Department of Energy Resources recently proposed new rules (pdf) regulating large wood-burning power plants.  These rules call for stringent efficiency standards, notably the encouragement of co-generation (the productive use of waste heat).  The impetus for the new rules was a recent study that challenged the widely-held assumption that the cultivation of forests for

Almost a decade of sharp cuts have forced the Massachusetts Department of Environmental Protection (DEP) to reevaluate the way it operates.  From a zenith of 1,200 full-time employees and a $65 million annual budget in 2002, DEP’s resources presently stand at 840 employees and a budget of $46 million.  Accordingly, DEP has launched what it euphemistically refers to

The Supreme Judicial Court (SJC) this morning issued its decision (pdf) in Real Estate Bar Association, Inc. v. National Real Estate Information Services, a case that presents important issues involving the unauthorized practice of law and the ability of companies such as the defendant to “facilitate” real estate closings.  The case is described in this previous post.  The First