Previous Events & CLE Programs
June 3, 2008
Committee Meeting
Proposed Amendments to the AG's Brownfields Covenant Not To Sue Regulations
Benjamin Ericson, Brownfields Unit Chief, Office of Massachusetts Attorney General Martha Coakley, will discuss the AG's proposed amendments to its Brownfields Covenant Regulations. Brownfields Covenants provide protection from certain claims by state or private parties in exchange for commitments to redevelop and restore contaminated properties. The Attorney General's Office has released proposed amendments to its Brownfields Covenant Regulations after conducting public outreach seeking input on its brownfields program. Specifically, Mr. Ericson will discuss their justification and intent, the results of the public comment period and how this written and oral commentary may impact issuance of the regulations in final form.
March 27, 2008
Committee Meeting
Recent Developments in the USEPA Region I CERCLA Enforcement Program
Join Joanna Jerison, Superfund Legal Office, for an update on recent legal and policy developments pertaining to Superfund enforcement and cleanups. The Superfund Program in USEPA Region I continues to be active in the implementation of CERCLA remediation activities throughout the New England area.
February 28, 2008
Committee Meeting
USDOT/PHMSA: Federal Hazardous Materials RegulationsApplicability and Enforcement
Sponsors
Hazardous & Solid Waste Committee
Environmental Litigation Committee
Time & Place
Mike Hilder and Margaret Carson, U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (“PHMSA”), will present an introduction on the applicability of Federal regulations to the transportation of all types of hazardous materials by air, rail, highway, and water, and the measures of Federal, State, and local officials to promote compliance with those regulations.
Mr. Hilder, an attorney with PHMSA’s Office of Chief Counsel, will summarize the Federal statutory and regulatory scheme and the relationship of DOT’s authority with that of OSHA, EPA, and the U.S. Postal Service. He will also explain PHMSA’s procedures for conducting civil penalty enforcement cases when investigators discover noncompliance. Ms. Carson, an investigator with PHMSA’s Office of Hazardous Materials Enforcement, will discuss PHMSA’s procedures for conducting inspections and observations to investigate whether shipments are being made in compliance with the Federal regulations. They hope to provide insight into measures you can take to help clients achieve compliance and deal with PHMSA in the event that noncompliance is discovered.
December 3, 2007
Committee Meeting
Challenges of the MA Mercury Management Act
Sarah Weinstein, Deputy Assistant Commissioner of MassDEP’s Bureau of Waste Prevention, and Ann Berwick, Undersecretary for Energy in the Executive Office of Energy and Environmental Affairs, will discuss the challenges associated with the Massachusetts Mercury Management Act (MMA). Specific topics include the MMA as a template for producer responsibility legislation in the Commonwealth, the implications of the Act on recent energy conservation initiatives, and efforts to overcome the apparent clash of environmental priorities associated with mercury.
"Producer responsibility" is an approach to waste management in which product manufacturers take responsibility for collecting and recycling their products that contain hazardous materials when the product is no longer useful. The Massachusetts Legislature has enacted one such bill, the Massachusetts Mercury Management Act ("MMA", Chapter 190 of the Acts of 2006), which is designed to remove mercury products from solid waste and thereby reduce the toxicity of our trash. Initial implementation has identified some challenges with this approach that can teach important technical and legal lessons for upcoming "producer responsibility" laws. Join us as we discuss these critical issues.
October 26, 2007
Committee Meeting
Update on the Massachusetts Safe Neighborhood Chemical Initiative (SCNI)
Join us as we discuss the Safe Neighborhood Chemical Initiative (SNCI). Specifically we will provide an update on the initiative and present the perspective on the legal implications from an attorney representing one of the affected companies, and the enforcement implications.
SNCI, conducted jointly by the Massachusetts Department of Fire Services (DFS) and Department of Environmental Protection (DEP), began in response to the Danversport explosion of CAI Inc. and Arnel Co. and the South Hadley evacuation involving the release of acid vapor from Presstek Inc. Forty-four companies, all in high population density areas, were identified for inspection as part of the SNCI. The inspection process involved team training and protocol development for consistency purposes, development and mailing of a detailed “Request For Information” (RFI), which each company was obligated to answer under the authority of Statute 21E, an inspection, walk through and audit, closing conference and written report.
September 27, 2007
Committee Meeting
The Battle for Control of Rail Based Solid Waste Facilities
Stephen Richmond, of Beveridge & Diamond, P.C., and Siu Tip Lam, from the Massachusetts Attorney General's Office, will discuss the recent controversy over the siting of rail based solid waste facilities in the Northeast and provide an update on recent case decisions. There have been a number of solid waste facilities built recently under claims that they are exempt from most state and local laws due to their connection to rail carriers, and the controversy caused by these operations has been heard before numerous federal and state courts and the Surface Transportation Board. Both Mr. Richmond and Mr. Lam have been heavily involved in these cases, both arguing for state and local control of rail based solid waste facilities.
May 22, 2007
Committee Meeting
EPA's Response to the Danvers Explosions
Mike Nalipinski, On-Scene Coordinator with EPA's Office of Emergency Planning and Response and Gretchen Muench and Amerlia Katzen, senior enforcement attorneys, will discuss the EPA response and investigation of the explosions that destroyed a building in Danvers the day before Thanksgiving.
April 24, 2007
Committee Meeting
Environmental Insurance
Join us as we examine key legal and practical considerations when applying for and examining environmental insurance policies. Michael Long of William Gallagher & Associates will discuss the practical issues and pitfalls frequently encountered in securing environmental insurance. Christopher Foster, a partner at Robinson & Cole LLP, will discuss key legal issues raised in environmental insurance policies. An update on the Brownfields Redevelopment Access to Capital program will also be provided during this program.
March 27, 2007
Committee Meeting
Recent Proposed Changes to Brownfields-Related Legislation
David Begelfer, Chief Executive Officer of the Massachusetts Chapter of the National Association of Industrial and Office Properties (NAIOP), will discuss the proposed revisions to sections of the Massachusetts Oil and Hazardous Material Release Prevention and Response Act (M.G.L. c. 21E) and provide his organization’s view of the advantages and benefits associated with their enactment.
These provisions have recently been proposed to promote development of brownfields or otherwise abandoned former commercial or industrial properties within the Commonwealth, and debate is expected to begin shortly in the Massachusetts legislature. This presentation is intended to foster a lively debate on the issues raised by the proposed revisions, and all interested parties are invited to offer their comments.
February 27, 2007
Committee Meeting
Annual Update of CERCLA (Superfund) Developments
Joanna Jerison, Chief of the Superfund Legal Office in United States Environmental Protection Agency’s Region 1 (EPA-New England), will provide an annual update of CERCLA (or Superfund) developments. Specifically, she will provide:
- an overview of legal and policy developments over the past year
- a summary of new and significant issues primarily related to Region 1 Superfund sites
The Committee welcomes all of its members to this informative presentation
January 23, 2007
Committee Meeting
Coming to the Surface – Technical, Regulatory and Public Perception Concerns Related to Soil Vapor Intrusion
Boyd Allen and Ron Marnicio of Tetra Tech EC, Inc. will discuss technical factors, recent national and local regulatory policy initiatives, and risk assessment and liability/insurance considerations regarding vapor intrusion issues.
James M. DiLorenzo, a Remedial Project Manager with the US Environmental Protection Agency, Region I, will provide an update of recent developments concerning vapor intrusion at the Nyanza Chemical Waste Dump Superfund Site in Ashland, Massachusetts.
November 14, 2006
Committee Meeting
21 E and Piercing the Corporate Veil
**This meeting is co-sponsored with the Environmental Litigation Committee**
Robert Kirsch of Wilmer Culter Pickering Hale and Dorr LLP and Martin Pentz of Foley Hoag LLP will discuss the recent Appeals Court decision in Wayne Scott, Trustee v. NG US 1, Inc. This case, for which both presenters served as litigators, presents potentially far reaching implications in 21E litigation regarding piercing of the corporate veil.
The Appeals Court found that based on the significant public directives under 21E, in some circumstances the use of equitable tools such as piercing of corporate veils should be allowed for innocent property owners to advance remediation activities and then to later seek reimbursement for responsible parties.
October 24, 2006
Committee Meeting
Developments in the Case Law, Cooper v. Aviall
Seth D. Jaffe of Foley Hoag LLP, and Wesley Kelman of the Environmental Protection Agency Region I, will provide an update of developments in the case law and practice since the Supreme Court decision in Cooper v. Aviall.
The Committee welcomes all of its members to this informative presentation.
September 26, 2006
Committee Meeting
MassDevelopment "Early Transfer" Project
Panelists will discuss the recently completed "early transfer" of contaminated property at Fort Devens in Ayer, MA, from the US Army to MassDevelopment for use by Bristol-Myers Squibb.
Panelists will include:
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