Law of the Land (and Air and Water)

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.

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On Tuesday, July 26, more than a hundred professionals gathered outside in Verrill Dana’s courtyard in Portland, Maine for the E2Tech Summer Networking Reception.  Attendees included numerous area businesses, government officials, professionals, and non-profit leaders from across the state within the energy and environmental sectors.  Verrill Dana partner Kelly Baetz, of the firm’s Environmental Group, is a board member of E2Tech.  Verrill Dana partner Jim Cohen, of the firm’s Utilities and Energy Group, welcomed guests…
The U.S. Court of Appeals for the D.C. Circuit has dealt another setback to the Cape Wind offshore wind power project by holding yesterday in Public Employees for Environmental Responsibilities v. Hopper that the Bureau of Ocean Energy Management (BOEM) and the U.S. Fish and Wildlife Service (USFWS) violated the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) in approving Cape Wind’s lease on federal land in Nantucket Sound. However, the Court…
“Natural,” “green,” “sustainable,” “biodegradable,” – it seems like everywhere you look, from the big box stores to your local farmer’s market, products are being marketed for their environmental and healthful benefits. For a range of reasons, consumer demand for ecologically conscious or healthy products is exploding and the market is responding. The increasing demand for these goods has not gone unnoticed by federal regulators. The Federal Trade Commission (the “FTC”) has been closely monitoring the…
U.S. Fish and Wildlife Service (the “Service”) recently proposed revisions to its Mitigation Policy, which has been in place since 1981. March 8, 2016 Fed. Reg. 12380. The Mitigation Policy serves as “over-arching Service guidance applicable to all actions for which the Service has specific authority to recommend or require the mitigation of impacts to fish, wildlife, plants, and their habitat.” This includes development activities with a federal nexus (such as a project requiring…
Source: http://www.epa.gov/vaporintrusion/what-vapor-intrusion Section 105(a)(8)(B) of CERCLA sets forth the outlines of the scoring system used by the U.S. Environmental Protection Agency (the “EPA”) Superfund program to assess and rank the potential and actual threat associated with sites across the country. The scoring system is known as the Hazard Ranking System (the “HRS”). The HRS was originally adopted in 1982, but was subsequently amended in 1990 in response to the Superfund Amendments and Reauthorization Act. The…