Boston Acting Mayor Kim Janey signed an Ordinance Amending City of Boston Code, Ordinances, Chapter VII, Sections 7-2.1 and 7-2.2, Building Energy Reporting and Disclosure (BERDO 2.0) into law on Oct. 5, 2021. The amended...more
After commencing a regulatory review effort in February 2021, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) has issued proposed amended Massachusetts Environmental Policy Act (MEPA) regulations...more
Chapter 8 of the Acts of 2021, An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy (the Climate Act), signed by Gov. Charlie Baker on March 26, 2021, includes new energy and water efficiency standards...more
Much of the recent news about climate-influenced building codes has come out of California, where the California Energy Commission announced adoption of revisions to its Building Energy Efficiency Standards, also known as the...more
After reviewing and responding to initial public comments, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) has issued its revised draft Massachusetts Environmental Policy Act (MEPA) Interim...more
7/15/2021
/ Climate Action Plan ,
Climate Change ,
Coastal Real Estate ,
Environmental Impact Report (EIR) ,
Environmental Justice ,
Environmental Policies ,
Proposed Regulation ,
Public Comment ,
Real Estate Development ,
Required Forms ,
Rulemaking Process ,
State and Local Government ,
Wetlands
The previous alerts in this Holland & Knight series have focused on state level initiatives from the Massachusetts Legislature, Governor's Office and the Massachusetts Environmental Policy Act (MEPA) Office related to climate...more
Two Massachusetts Department of Environmental Protection (MassDEP) electricity sector regulations, 310 CMR 7.74: Reducing CO2 Emissions from Electricity Generating Facilities and 310 CMR 7.75: Clean Energy Standard, require...more
The Massachusetts Executive Office of Energy and Environmental Affairs (EEA) has issued its draft Massachusetts Environmental Policy Act (MEPA) Interim Protocol on Climate Adaptation and Resiliency (the Interim Protocol),...more
Greenhouse gas (GHG) emissions from transportation are a major focus of the recently issued Massachusetts 2050 Decarbonization Roadmap (the Roadmap) and the Massachusetts Clean Energy and Climate Plan (CECP) for 2030. For...more
Greenhouse gas (GHG) emissions from transportation are a major focus of the recently issued Massachusetts 2050 Decarbonization Roadmap (the Roadmap) and the Massachusetts Clean Energy and Climate Plan (CECP) for 2030....more
While much attention has been paid to the ambitious climate change mitigation requirements in "An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy," the comprehensive climate change legislation recently...more
On March 26, 2021, Massachusetts Gov. Charlie Baker signed Chapter 8 of the Acts of 2021, An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy (the Act), into law, cementing the Commonwealth's status as...more
The Federal Energy Regulatory Commission (FERC) has invited public comment by April 15, 2021, on its recently opened proceeding (Docket No. AD21-13-000), which FERC has stated "will examine how grid operators prepare for and...more
As the Commonwealth of Massachusetts awaits Gov. Charlie Baker's decision whether to sign the revised landmark climate bill on his desk, the investigation by the Massachusetts Department of Public Utilities (DPU) (Docket DPU...more
The Commonwealth of Massachusetts has adopted material changes to state zoning laws designed to encourage housing development, and in some cases mixed-use development that includes housing. This Holland & Knight alert...more
3/15/2021
/ Affordable Housing ,
Building Permits ,
Housing Developers ,
Housing Market ,
Mixed-Use Zoning ,
Multi-Family Development ,
Municipal Bonds ,
Real Estate Development ,
Revenue Sharing ,
State and Local Government ,
State Grants ,
Urban Planning & Development ,
Zoning Laws
The Commonwealth of Massachusetts has adopted material changes to state zoning laws designed to encourage housing development, and in some cases mixed-use development that includes housing. This Holland & Knight alert...more
The City of Boston has taken the next step in its ongoing efforts to amend and strengthen its Building Energy Reporting and Disclosure Ordinance, or BERDO, by releasing a draft Summary of policy elements on Jan. 27, 2021, for...more
2/12/2021
/ Administrative Review Board ,
Audits ,
Climate Change ,
Comment Period ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Local Ordinance ,
Municipalities ,
Performance Standards ,
Power Purchase Agreements ,
Property Owners ,
Renewable Energy ,
State and Local Government ,
Utilities Sector
While the presidential transition has focused attention on the energy and environmental policy initiatives that likely will be undertaken by the Biden-Harris Administration, the Commonwealth of Massachusetts continues to...more
1/22/2021
/ Air Pollution ,
Carbon Emissions ,
Clean Energy ,
Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Municipalities ,
Net Zero ,
Reporting Requirements ,
State and Local Government ,
Zero-Emission Vehicles
Holland & Knight invites you to read the Fall 2020 issue of our Energy and Natural Resources Quarterly newsletter, in which our authors discuss important hot topics and developments in energy, natural resources and...more
10/7/2020
/ Alternative Fuels ,
Brazil ,
Clean Tech ,
Colombia ,
Commercial Bankruptcy ,
Energy Sector ,
Environmental Liability ,
Environmental Policies ,
Hydrocarbons ,
Latin America ,
Renewable Energy ,
Renewable Energy Investments
With economic downturn comes bankruptcy. It is often observed that the intersections between the U.S. Bankruptcy Code and environmental law can create conflict, because while many federal and state environmental statutes seek...more
9/18/2020
/ Bankruptcy Code ,
CERCLA ,
Chapter 11 ,
Clean-Up Costs ,
Commercial Bankruptcy ,
Corporate Fines ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Popular ,
Potentially Responsible Party (PRP) ,
RCRA ,
Statutory Penalties
On May 6, 2020, in the case of In re Peabody Energy Corporation, 958 F.3d 717 (8th Cir.), the U.S. Court of Appeals for the Eighth Circuit held, in an apparent case of first impression, that state statutory and common-law...more
The U.S. Supreme Court's decision in Atlantic Richfield Co. v. Christian (Slip Op. No. 17-1498) confirmed the broad statutory definition of "Potentially Responsible Party" (PRP) under the Comprehensive Environmental Response,...more
5/27/2020
/ Approval Requirements ,
Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Land Owners ,
MT Supreme Court ,
Nuisance ,
Potentially Responsible Party (PRP) ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Site Remediation ,
State Law Claims ,
Strict Liability ,
Trespass
On March 9, the Massachusetts Department of Revenue (DOR) posted on its internet page, 830 CMR 63.38Q.1: Massachusetts Brownfields Tax Credit (WORKING DRAFT), which proposes regulations for the first time since passage of the...more