Private parties as well as public entities are subject to the federal Clean Water Act of 1972 and, within it, they need permits for their discharges of any pollutants to waters of the United States. The primary focus of the National Pollutant Discharge Elimination System (NPDES) permit program, since 1972, has been pollutants in industrial process water and discharges from private industries as well as municipal sewage treatment plants. We call these point sources.
The Firm helps clients with regulatory counseling, litigation strategy, transactional support, and government affairs.
We provide strategy advice to clients on a broad range of environmental issues, such as real estate, corporate and commercial transactions, compliance strategy and tactics, public relations and crisis management, and recommended consultants and expert witnesses for your team. Other subjects include emerging areas of environmental law such as climate change adaptation, economic and environmental sustainability, biodiversity protection, and ecosystem management.
We are updating our practice areas. This description is coming soon. Thanks for your patience!
[Dated: April 4, 2023]
Separate and distinct from regulation of work and activities in and near wetlands, floodplains and water bodies under the Wetlands Protection Act, the Department of Environmental Protection (DEP) issues licenses for filling or, occupation of, or construction and use of structures on, “tidelands.” These are defined as “present and former submerged lands and tidal flats lying between the present or historic high water mark, whichever is further landward and the seaward limit of state jurisdiction.”
Toxic chemicals, including pesticides are highly regulated at the federal level and those who manufacture, distribute and sell them in commerce enjoy significant protection from conflicting or more demanding state laws, at least for chemicals that are legal in commercial and consumer use. The federal preemption principles leave open to state regulation many aspects of toxic chemicals generally. Massachusetts has utilized its state authority to deal with chemicals in a host of ways.
Leaking underground storage tanks (LUSTs) constitute one of the most serious threats to groundwater quality. Federal, state, and local statutes and regulations govern notification of a tank's existence, tank installation, tank operation, reporting of releases, spills, and leaks, cleanup of associated contamination, closure, and financial responsibility requirements associated with USTs.
DEP’S Division of Water Pollution Control in its Bureau of Waste Prevention regulate industrial and other discharges to surface water bodies, as well as discharges to groundwater, large and small septic systems, and industrial sites. G.L. c.21, §§26-53. The Division may enter, inspect and sample sources, issue enforcement orders, suspend or revoke permits, levy administrative penalties, and seek criminal penalties, civil fines, or injunctive relief.
This area of law includes use of water, access to water, use of groundwater, allocation of water, and related common law and regulatory rights and duties. Our legal practice, including litigation, spans all these subjects. We are respected water rights attorneys. We are often invited to speak and write in this field. Consequently, we have become familiar with the technical aspects of water supply, water pollution, water testing, hydrogeology, hydraulics, and related engineering. We warm to the scientific aspects.
Wetlands and floodplains are protected and regulated under a variety of federal and state laws and regulations, and under local bylaws and ordinances. Solving our clients’ wetland, water, and wildlife issues has been a core area of our practice for about 40 years. We track changes in legislation, regulations, published policies, advances in wetland science, and court decisions. We participate in developments in this area of law.
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Across the spectrum of environmental law we offer advice and representation
with practical, results-oriented lawyering.
