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    11th Annual Environmental & Land Use Law Conference 2010
    Entry posted January 26, 2010 by EdGElite Contributor
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    Title:
    11th Annual Environmental & Land Use Law Conference 2010
    Entry:

    Highlights from the Conference: Keynote Speaker - Curt Spalding, EPA Region 1 Administrator: National and regional focuses of the EPA. 

    EPA Nationally: (1) Enforcement and Compliance, (2) Clear Air Act (Climate Change), (3) Clean Water Act - stormwater!, (4) CERCLA, (5) Environmental Justice and (5) Smart Growth.

    EPA Region 1 (New England): much broader 'agenda' including: Wet Weather Pollution, Green Jobs, Lead Poisoning, Enforcement.

    MA DEP indicated their Priorities are: (1) Compliance Assessment (i.e. UST compliance), (2) Verification of Compliance (i.e. audits of 'closed sites'), (3) Maintaining Healthy Environment (i.e. diesel emission from idling buses), (4) "Blitz" - High Intensive Inspection/Enforcement: Chapter 91 Enforcement - with the reduction in staff either you work with the DEP or they leverage outside sources - e.g. the Attorney General's office for enforce regulations, (5) Leveraging Outside Agencies for assistance with Enforcement.

    • MA DEP about inspections (7,400 in 2009) and enforcements (3,500 in 2009).  Total penalties in MA = $6.9M vs $5.4M in 2008.  Focus on really cracking down on asbestos abatement contractors!  Criminal violators were prosecuted and likely to see jail time;
    • DEP referenced M.G.L. c 148 section 38J - residential ASTs and encouragement of insurance coverage;
    • Some interesting case law referenced about arranger liability under CERCLA and other case law like Commonwealth v. Pan Am Railways - minor spill ($100,000 cleanup) of oil but a failure to report it lead to the highest fines possible under the law ($500,000 total fines $125,000 per violation);
    • Case law on environmental contractors (LSP case) - to follow.