Law of the Land (and Air and Water)

Verill Dana

Law of the Land (and Air and Water) provides analysis and discussion of the most critical and timely legal issues pertaining to the environment and natural resources. The blog is edited by Mat Todaro, and features contributions from other members of Verrill Dana's Environmental Group. The objective of this blog is to provide carefully selected content that clients, industry professionals, policymakers, non-profit organizations, and engaged citizens may turn to as a valuable resource.

Latest from Law of the Land (and Air and Water)

Yesterday, the Department of Administrative and Financial Services Office of Marijuana Policy released a preliminary draft of the Adult Use Marijuana Rules. The preliminary draft includes comprehensive provisions on business licenses for marijuana establishments, which include cultivation, testing, and products manufacturing facilities, and marijuana stores. In addition to licensing provisions, the draft addresses general compliance, advertising, product safety, packaging and labeling, and enforcement. The Office of Marijuana Policy has requested that public feedback on…
After deliberating for a year and a half in Ross v. Acadian Seaplants, the Maine Supreme Judicial Court has unanimously held that rockweed, a type of seaweed that grows on rocks in the intertidal area all over the North Atlantic, is owned by the intertidal property owner, not the public. The Ross brothers and other coastal property owners, represented by Verrill Dana, brought the lawsuit to help protect this ecologically vital rockweed from an escalating…
After a year full of changes for employers paired with a new governor in Maine, Verrill Dana will reflect on recent legal developments in labor and employment law and what the new year might bring during its 2019 Annual Employment Law Update. The full-day conference will take place on Thursday, January 31 at The Westin Harborview Hotel in Portland. The all-day event will begin with a panel discussion of a 2018 labor and employment year…
U.S. Department of Agriculture, via Wikimedia Commons You might assume that if an endangered species is nowhere to be found on your property, you can rest easy.  “No,” said the U.S. Fish and Wildlife Service, which decided in 2012 that if your land might be a good place for the Dusky Gopher frog to live, you might be subject to development restrictions under the Federal Endangered Species Act. Weyerhaeuser sued, claiming that USFWS’s decision about…
Most industry professionals are aware that a revised set of California Proposition 65 or “Prop. 65” regulations will take effect at the end of the month on August 30, 2018.  Prop. 65 is a so-called right-to-know statute that, among other things, requires manufacturers and retailers to provide any California consumer with a “clear and reasonable” warning prior to exposure to a chemical identified on a list developed and maintained by a California agency.  The revised…
The Maine DEP is proposing changes to its wetlands rules that clarify the definition of wetlands of special significance. Wetlands of special significance (WOSS) include coastal wetlands and great ponds, as well as other freshwater wetlands with certain qualifying attributes such as size, the presence of critical or imperiled plant communities, or location within significant wildlife habitat or a peatland. Activities within a WOSS are allowed only for limited purposes including health and safety, crossings…
The Maine DEP is proposing changes to its wetlands rules that clarify the definition of wetlands of special significance. Wetlands of special significance (WOSS) include coastal wetlands and great ponds, as well as other freshwater wetlands with certain qualifying attributes such as size, the presence of critical or imperiled plant communities, or location within significant wildlife habitat or a peatland. Activities within a WOSS are allowed only for limited purposes including health and safety, crossings…
The Maine Department of Environmental Protection (DEP) has proposed changes to Chapters 850 (identification of hazardous wastes), 851 (standards for generators of hazardous waste), 852 (land disposal restrictions) and 858 (universal waste rules). The proposed changes, which were posted for public comment on February 21, incorporate new and revised federal regulations, update formatting of the rules, and reflect changes in Maine’s hazardous waste laws. The changes include additional exclusions of material from the definition of…
The Maine Department of Environmental Protection (DEP) has proposed changes to Chapters 850 (identification of hazardous wastes), 851 (standards for generators of hazardous waste), 852 (land disposal restrictions) and 858 (universal waste rules). The proposed changes, which were posted for public comment on February 21, incorporate new and revised federal regulations, update formatting of the rules, and reflect changes in Maine’s hazardous waste laws. The changes include additional exclusions of material from the definition of…
Americans are increasingly sensitive to the ingredients that go into the food that we eat. Recently, Congress passed a law requiring manufacturers to label or place QR codes on products containing or made from genetically modified organisms (“GMOs”). Now, consumer advocates have turned their attention to food products bearing the word “natural,” raising legal risks for all food manufacturers who label products with that term. Unlike many terms pertaining to food, such as “light/lite,” “low…