Previous Events & CLE Programs
June 30, 2008
Committee Meeting
The Oceans Act
Sponsors
Environmental Law Section
Wetlands, Waterways & Water Quality Committee
Join Kenneth Kimmell, Executive Office of Energy and Environmental Affairs and Susan Reid, Conservation Law Foundation as they provide an overview of the Oceans Act. On May 28, 2008, Governor Patrick signed the Oceans Act of 2008, legislation that will require Massachusetts to develop a first-in-the-nation comprehensive plan to manage development in its state waters, balancing natural resource preservation with traditional and new uses, including renewable energy. The legislation is the result of several years of negotiation and collaboration among legislators, environmental groups, fishing organizations and other ocean users. The speakers will discuss the directives contained in the legislation as well as considerations for implementation of the new law.
June 9, 2008
Committee Meeting
The Massachusetts Estuaries Project
Rick Dunn, MassDEP, will provide an overview of the efforts being made to address excess nutrients in esqaries in Southeastern Massachusetts. Population growth and development in this area have created an abundance of nutrients that have leached into the estuaries of Cape Cod, Buzzards Bay and the Islands. Nutrients, such as phosphorus and nitrogen, act as a fertilizer to aquatic plants. This has adversely impacted water quality and promoted invasive weed and algal growth that has caused fish kills, closed beaches and destroyed productive shellfish areas.
The discussion will also address the technical challenges and potential implementation options for affected communities. For more information, please see http://www.mass.gov/dep/water/resources/brochure.htm.
June 5, 2008
Committee Meeting
Recent Massachusetts Wetlands Bylaw Court Decisions: Oyster Creek and Tremont Development cases
Sponsors
Environmental Litigation Committee
Wetlands, Waterways & Water Quality Committee
Please join Mary Giorgio, Kopelman & Paige P.C., James Quirk, James H. Quirk, Jr., P.C., and Donald Pinto, Rackemann, Sawyer & Brewster as they discuss their experiences as involved counsel in several recent Superior Court decisions, specifically:
- Oyster Creek Preservation, Inc. v. Harwich Conservation Commission and
- Tremont Development Corp. v. Westwood Conservation Commission.
These cases have addressed important procedural issues and scope of review/preemption aspects of project review under local wetlands bylaws. Speakers will focus on the interesting lessons to be learned in this type of project review, permitting and litigation.
April 14, 2008
Committee Meeting
Proposed Revisions - MassDEP Ground Water Discharge Permitting and Wastewater Reuse Regulations
Alan Slater, MassDEP, will go over the departments draft revisions to the Ground Water Discharge Permitting Program Regulations, 314 CMR 5.00 and draft Wastewater Reuse Regulations, 314 CMR 20.00. These draft regulations are intended to:
- Streamline the process for obtaining a Ground Water Discharge Permit,
- Eliminate the requirement to connect to a centralized sewer system if available,
- Establish more stringent effluent limits for discharges within Zone IIs and IWPAs,
- Provide greater flexibility for seasonal facilities,
- Allow more beneficial uses of treated wastewater, and
- Incorporate policies including the Private Sewage Treatment Facility Policy.
The regulations are available for public comment on the DEP web site at www.mass.gov/dep/service/regulations/newregs.htm#proposed.
March 19, 2008
Committee Meeting
MassDEP Stormwater Management Standards and Handbook Revisions
Come hear the latest from MassDEP on revisions to the Massachusetts Stormwater Standards and the Massachusetts Stormwater Handbook. Madelyn Morris and Tom Maguire of MassDEP, will give an overview of revisions designed to promote:
- Increased stormwater recharge,
- Treatment of more runoff from polluting land uses,
- Low impact development (LID) techniques,
- Pollution prevention,
- Removal of illicit discharges to stormwater management systems, and
- Improved operation and maintenance of stormwater best management practices (BMPs).
This luncheon will be of particular interest to lawyers who practice before Conservation Commissions or litigate appeals of Wetlands permits. More information about the revisions is available at http://mass.gov/dep/water/laws/policies.htm#storm
January 29, 2008
Committee Meeting
Chapter 91 Update - New Tidelands Legislation and Regulatory Revisions
Ken Kimmell, General Counsel of EEOEA, and William L. Lahey, Anderson & Kreiger LLP, will discuss the new tidelands legislation enacted by the House and Senate in November 2007. They also will address MassDEP's proposed changes to the Chapter 91 regulations resulting from recent permit streamlining efforts.
December 10, 2007
Committee Meeting
Current Water Management Needs and Regulatory Issues
Come hear the latest about the need for sustainable water management, MassDEP’s regulation of water withdrawals under the Water Management Act, and impacts on local decision-making and development. Speakers include:
December 6, 2007
CLE Program
2007 Changes to Massachusetts Wetlands Permit Appeal Regulations
Sponsored by: Wetlands, Waterways & Water Quality Committee of the Environmental Law Section
As part of the Patrick Administration’s efforts to streamline permitting in Massachusetts, MassDEP is promulgating regulatory changes that will expedite its wetlands permit appeal process. The revisions are expected to be promulgated by November, 2007 and will, among other things, limit the parties that may initiate an appeal, require parties to present their evidence early in the proceedings, and establish a six month deadline for the appeal to be resolved. Understanding these changes is critical not only to effective participation in the appeal process, but also effective participation in the Conservation Commission and MassDEP proceedings leading to any appeal.
Click here for complete program description
September 10, 2007
Committee Meeting
Wetlands Appeals – Proposed Streamlining Regulations
Join us as we hear various perspectives regarding the MassDEP's proposed changes to the wetlands appeals regulations. Changes include:
- limiting parties who can initiate appeals;
- requiring early presentation of evidence;
- establishing a six-month deadline for resolution of appeals;
- and hearing appeals in-house, with the option of transferring cases to DALA.
Speakers include:
June 4, 2007
Committee Meeting
Wetlands Enforcement Update
Margery Adams, Senior Enforcement Counsel, EPA, will review federal cases since the Supreme Court's decision in Rapanos. Lealdon Langley, Director, Wetlands and Waterways Program, MassDEP, will discuss how MassDEP has been using aerial photography to identify wetlands violations.
April 2, 2007
Committee Meeting
Landlocked Tideland and the Moot Case
Sponsors
Environmental Litigation Committee
Wetlands, Waterways & Water Quality Committee
The recent Massachusetts Supreme Court case of Moot v. the Department of Environmental Protection held that the DEP lacked statutory authority to exempt landlocked tidelands from the Chapter 91 process. Ultimately, this affects Boston, Cambridge, New Bedford, Gloucester and other coastal communities. Legislation has been filed by Governor Patrick to address the question and the SJC has granted a 6 month stay on the matter. The panelists will discuss the regulations, the status of the case and the legislation.
- Carl Dierker, EPA counsel for Region 1 and one of the architects of the DEP regulations will provide a history of the landlocked tidelands discussion;
- Ben Ericson, Assistant Attorney General will describe the status of the case from the Commonwealth’s perspective;
- Kenneth Kimmell, the new General Counsel to the Executive Office of Energy and Environmental Affairs will offer a description of the proposed legislation.
March 22, 2007
Committee Meeting
Update of Recent Federal CWA Cases
Margery Adams of the Environmental Protection Agency will discuss US v. Johnson, 467 F3d 56 (1st Cir. 2006), which remanded a wetlands enforcement action for further proceedings in light of the Supreme Court decision in Rapanos.
Carol Lee Rawn of the Conservation Law Foundation will discuss Riverkeepers, et al v. EPA, 475 F3d 83 (2d Cir. 2007), which remanded to the EPA aspects of a rule regarding cooling water intake structures of large existing power plants; issues remanded included EPA’s selection of the Best Technology Available for minimizing adverse environmental impacts and its use of cost/benefit analysis.
January 22, 2007
Committee Meeting
**This meeting is co-sponsored with the Environmental Litigation Committee**
We will review the recent SJC decision in Giovanella v. Conservation Commission of Ashland. In this case the Court held that no compensatory takings of property occurred in the Conservation Commission's denial of a residential lot development under the local wetlands bylaw and buffer zone setback restrictions. Speakers will include:
November 6, 2006
Committee Meeting
Wind Farms and Waterways
Deerin Babb-Brott, Assistant Secretary of the Executive Office of Environmental Affairs and the Director of Massachusetts Environmental Policy Act Office (MEPA), will describe the permitting process associated with wind farms proposed on or near waterways and/or the ocean.
A representative from Cape Wind has also been invited.
June 5, 2006
Committee Meeting
Update from EPA Region 1
Mark Stein, EPA Region 1, will lead a discussion of the US Supreme Court's May 15, 2006 decision in S.D. Warren v. Maine Board of Environmental Protection, concerning the meaning of "discharge" to navigable waters under Section 401 of the Clean Water Act, and the requirements for a state water quality certification.
Margery Adams, also with the EPA Region 1, will give an update on the Rapanos and Carabell cases before the U.S. Supreme Court concerning what is a "navigable water" under the federal Clean Water Act.
March 6, 2006
Committee Meeting
Wildlife Protection for Inland Wetlands
Join us for a discussion of the DEP’s new document, Wildlife Habitat Protection Guidance for Inland Wetlands. This document provides guidance on implementation of the wildlife habitat protection interests of the Wetlands Protection Act.
Speakers:
- Lealdon Langley, Director of the DEP Wetlands and Waterways, and author of the DEP document
- Lisa Rhodes, from the DEP Wetlands and Waterways
January 9, 2006
Committee Meeting
Recent Changes to the Massachusetts Endangered Species Act Regulations
Join us for an overview of the recent changes to the Massachusetts Endangered Species Act regulations. Our speakers will discuss implementation of the regulations and new permitting procedures. They will also give a brief update of some of the current discussions ongoing about the Federal Endangered Species Act.
Speakers:
December 5, 2005
Committee Meeting
New Dam Safety Regulations
William C. Salomaa, Acting Director of the Office of Dam Safety, and Nicholas Vontzalides, Deputy General Counsel, will give an overview of the new dam safety regulations of the Department of Conservation and Recreation that went into effect on November 4, 2005.
Topics to include:
- Dam owner responsibilities
- Registration o f d ams
- Provisions concerning safety inspections
- Approval of plans for construction, alteration and repair of dams
November 7, 2005
Committee Meeting
Arleen O’Donnell, Deputy Commissioner, and Jeffrey Mickelson, Deputy General Counsel, both at Department of Environmental Protection will speak on recent developments in DEP’s Water Management Act program. The Department is revising its guidance for permitting decisions of water withdrawals to increase flexibility while still addressing flow impacts through water conservation and other measures.
Join us for a timely and informative discussion.
October 3 , 2005
Committee Meeting
Wetlands Mitigation Banking
Join us as panelists discuss the creation of the Commonwealth’s first pilot wetlands mitigation bank.
Panelists:
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