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When ‘Independent Judgment’ Meets Presidential Fiat: The ALJ Dilemma

On February 18, 2025, President Trump issued Executive Order 14215 “Ensuring Accountability for All Agencies,” Section 7 of which provides that: “[t]he President and the Attorney General’s opinions on questions of law are...more

Implications of Trump Executive Orders for Massachusetts Environmental Justice Programs 

On the first day of his Presidency, among 26 other Executive Orders that day, Donald Trump issued his Unleashing American Energy Executive Order rescinding President Biden’s Executive Order 14096 of April 21, 2023...more

Converting Risk to Reward in the Biosolids Industry

Despite having over 130 years of collective environmental law experience, Verrill’s environmental group is very cautious in making predictions about the future. But sometimes we identify a trend that seems so obvious that we...more

Unwrapping Maine's Gift to the Environment: A New Packaging Stewardship Program Set to Launch in 2026

Beginning in May of 2026, owners of brands selling packaged products and importers of foreign-produced packaged products sold in Maine will be required to adhere to Maine’s Stewardship Program for Packaging. Beginning six...more

Governor Healey Enacts Transformative Clean Energy and Economic Development Laws: Streamlined Permitting, Equity Protections, and...

On November 20, 2024, Governor Maura Healey signed the Massachusetts Leads Act, engrossing House Bill 5100 (the “MA Leads Act”), which, among many funding provisions, contains two changes that will significantly benefit...more

Administrative Penalties Under Scrutiny: Jarkesy’s Potential Impact on EPA and Massachusetts Enforcement

The United States Environmental Protection Agency (“EPA”) often uses civil penalties to punish environmental violators. The EPA can either pursue a penalty through its internal administrative process or have the Justice...more

Loper Bright and Massachusetts Environmental Law: Navigating the Boundaries of Federal and State Authority

While the SCOTUS’s Loper Bright Enterprises et al. (Loper) decision reversing Chevron was a win for those seeking to rein in the administrative state at the federal level, it does not sound the death knell for Massachusetts...more

Massachusetts Provides Extra Protection to Environmental Justice Communities from Air Pollution

In a groundbreaking move, effective July 1, the Massachusetts Department of Environmental Protection will tighten the permitting requirement for certain existing and new sources of air pollution located near an environmental...more

The Plastics Problem In Massachusetts Part II: Plastic Bags

In my October 2023 blog post about  “The Plastics Problem in Massachusetts,”  I noted that environmental and some mainstream groups have been attacking traditional recycling of plastics in an effort to stop the manufacture of...more

AG’s Suit Against Town of Milton Shines a Spotlight on Housing Crisis

Last April, we reported that the Attorney General was set to enforce municipal compliance with denser, transit-friendly zoning requirements. Now that has come to pass. The recently commenced battle between the Town of Milton...more

The Persistent Problem of Waste

Massachusetts residents and businesses dispose of enough trash yearly to fill up about 31 Fenway Parks. Despite decades of government policies to reduce waste, we continue throwing away about six million tons of waste each...more

One Bad Apple Spoils the Whole Barrel: Do Not Mix a Potentially Contaminated Site With Other Assets

​​​​​​​When considering the establishment of an estate or trust to hold title to real property, it is important to segregate potentially contaminated property from other assets  Unfortunately, once title vests in an estate or...more

The Plastics Problem in Massachusetts

In The Graduate, Mr. McGuire pulls aside Benjamin Braddock, played by Dustin Hoffman, and utters “one word” of career advice – “plastics.”  Benjamin’s diffident reaction reflects his wealthy suburban character’s utter lack of...more

The Brownfields Tax Credit

In August, Governor Healey signed the FY 2024 budget legislation extending for five years until January 1, 2029, the Brownfields Tax Credit that was set to expire at the end of 2023. Consequently, the redevelopment community...more

Implications of Supreme Court Affirmative Action Ruling on Massachusetts Environmental Justice Law and Policy

Not everyone would make a connection between the recent Supreme Court affirmative action decision on college admissions and the Massachusetts environmental permitting process. Although it may seem attenuated, for...more

Bonnie Heiple, MassDEP’s New Commissioner, Among Fellow Attorneys Heading the Commonwealth’s Environmental Agencies

The Healey Administration has followed a well-traveled path in appointing Bonnie Heiple, a respected environmental and energy attorney from a large Boston law firm (WilmerHale), as Commissioner of MassDEP. The Patrick...more

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