The U.S. Environmental Protection Agency (EPA) has proposed to further amend its Clean Air Act Risk Management Program (RMP) rules and has issued a proposed rule. 87 Fed. Reg. 53556 (August 31, 2022). The proposed rule would...more
The U.S. Environmental Protection Agency (EPA) has proposed to further amend its Clean Air Act Risk Management Program (RMP) rules and has issued a proposed rule. 87 Fed. Reg. 53556 (August 31, 2022). The proposed rule would...more
Update Highlights:
• COVID-19 infection rates, case numbers, hospitalizations, and deaths are at or approaching the highs seen in the spring.
...more
Update Highlights:
• COVID-19 cases are on the rise in Massachusetts, hitting rates of infection not seen since the spring.
• Governor Baker imposed a nighttime curfew and restrictions on the size of gatherings in...more
On October 27, 2020, the Tenth Circuit upheld a series of OSHA citations that were issued to an oil refining company following a fatal boiler explosion. In doing so, the Tenth Circuit upheld OSHA interpretations that...more
Update Highlights:
• Massachusetts state courts continue to expand in-person services and hearings while conducting business virtually whenever possible.
• The Supreme Judicial Court issued a new order last week...more
Update Highlights:
The Massachusetts District Court for the District of Massachusetts has released an Order allowing for renewed in-person proceedings in limited cases....more
Update Highlights:
The Supreme Judicial Court issued new orders this week spelling out the logistics for public attendance at courthouses set to reopen on July 13. Members of the public will be subject to screening,...more
The Massachusetts Department of Environmental Protection is reopening the public comment period on its draft Solid Waste Master Plan for 2020–2030 in light of developments and comments associated with COVID-19, environmental...more
Update Highlights:
Massachusetts moves into Phase 3 of its reopening plan on July 6, including the opening of fitness centers and health clubs, museums and aquariums, movie theaters and performance halls (at limited...more
This and other updates on the Commonwealth’s response are collected on its website and the separate court system site. Beveridge & Diamond’s COVID-19 EH&S Resource Center is available as we work remotely throughout our seven...more
As Massachusetts continues cautiously through Phase 1 of its reopening plan, the Massachusetts Supreme Judicial Court (SJC) extended courthouse closures until July 1 but announced an end to the tolling of civil statutes of...more
Massachusetts Governor Baker has unveiled the Commonwealth’s four-phase approach for reopening Massachusetts and implementation is already underway. Although the impacts of the new coronavirus and COVID-19 were swift across...more
The impacts of the new coronavirus and COVID-19 were swift across government, business, and everyday lives, resulting in shuttered businesses and remote working, a shock to the stock market, and a wide variety of responses at...more
The impacts of the new coronavirus and COVID-19 have been swift across government, business, and everyday lives, resulting in shuttered businesses and remote working, a shock to the stock market, and a wide variety of...more
The impacts of the new coronavirus and COVID-19 have been swift across government, business, and everyday lives, resulting in shuttered businesses and remote working, a shock to the stock market, and a wide variety of...more
The impacts of the new coronavirus and COVID-19 have been swift across government, business, and everyday lives, resulting in shuttered businesses and remote working, a shock to the stock market, and a wide variety of...more
On March 26, 2020, EPA issued new guidance addressing a range of issues relating to environmental compliance and enforcement during the COVID-19 pandemic. The Agency sets expectations for the regulated community to continue...more
If your facility has a significant accidental release of a hazardous chemical, your team will need to respond immediately, particularly if the release threatens the public, workers, or the environment. But don’t forget to...more
The definition of a “source” is the foundation of air permitting. Yet for many years, one of the most vexing questions has been how to determine which air emission sources located near each other and under common ownership or...more
Nearly three years after adopting extensive amendments to its rules on accidental release prevention under the Clean Air Act, the Environmental Protection Agency (EPA) adopted a final rule rescinding nearly all of the...more
The Massachusetts Department of Environmental Protection is soliciting comments on its draft Solid Waste Master Plan for 2020–2030, which are due no later December 6, 2019. This draft Solid Waste Master Plan continues many...more
In a 5-4 decision, the United States Supreme Court has ruled that governmental agencies are still entitled to deference in interpreting their own regulations—but only where those regulations are “genuinely ambiguous.” Kisor...more
7/9/2019
/ Administrative Agencies ,
Ambiguous ,
Appeals ,
Auer Deference ,
Kisor v Wilkie ,
Reasonable Interpretations ,
Remand ,
SCOTUS ,
Stare Decisis ,
Vacated ,
Veterans' Benefits
After 10 years on ice, EPA’s 2009 project aggregation rule may finally see its day in court.
On Monday, January 14, 2019, NRDC filed a petition for judicial review of EPA’s recent revival of a 2009 Rule that amended EPA’s...more
In the final days of the Obama administration, the Environmental Protection Agency (EPA) adopted a package of revisions to its Accident Prevention/Risk Management Plan rules under the Clean Air Act at 40 CFR Part 68 (the RMP...more