Areas of Practice
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.
Wildlife in general and game species in specific are governed by many Massachusetts laws that will not be discussed here. Hunting and fishing programs in Massachusetts are many and varied; the Wetlands Protection Act protects Resource Areas for their wildlife habitat value; EOEEA using MEPA has designated hundreds of properties as Areas of Critical Environmental Concern (ACEC) partly for their wildlife habitat; the Commonwealth has identified numerous bio-reserves for special recognition, research and protection; and the state acquires and manages thousands of acres of land for wildlife habitat and many other complementary purposes.
Zoning and subdivision control provide the basic framework of development constraints with which landowners, businesses, and others must deal. Thus, it is essential for an attorney involved in development issues to study the applicable town zoning bylaw or city zoning ordinance, and distinguish it from enactments under municipal Home Rule authority.
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Across the spectrum of environmental law we offer advice and representation
with practical, results-oriented lawyering.