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Table of Contents

Chapter 1 expand

Guide to Environmental Law

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Gregor I. McGregor, Esq., McGregor Legere & Stevens, PC

Chapter 2 expand

State Administration and Enforcement

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Pamela D. Harvey, Esq.,
Colin G. Van Dyke, Esq., Anderson Kreiger LLP

Exhibit 2A

- Checklist: Suggestions for Dealing with MassDEP Staff

Chapter 3 expand

Governmental Enforcement Litigation

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Seth Schofield, Esq., Environmental Protection Division, Office of the Attorney General

Exhibit 3A

- Typical State Complaint Buy Form

Exhibit 3B

- Summary of Criminal and Civil Sanctions Authorized Under State Law Buy Form

Exhibit 3C

- Typical State Settlement Documents Buy Form

Chapter 4 expand

Public Interest Environmental and Energy Litigation

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Phelps Turner, Esq., Conservation Law Foundation

Exhibit 4A

- Sample Complaint: Deadline Suit Against Agency Buy Form

Exhibit 4B

- Sample Complaint: Injunctive Relief and Declaratory Judgment Suit Against Agency Buy Form

Exhibit 4C

- Sample Consent Decrees in Enforcement Suits Buy Form

Exhibit 4D

- Checklist for Lawyers Pursuing Public Interest Environmental and Energy Litigation Buy Form

Exhibit 4E

- Sample FOIA Request, Follow-up Letters, and FOIA Complaint Buy Form

Exhibit 4F

- Massachusetts Public Records Request Template Buy Form

Chapter 5 expand

Common Law Environmental Protection in Massachusetts

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Prof. R. Lisle Baker, Esq., Suffolk University Law School

Chapter 6 expand

Historic Preservation Law

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Kathleen M. O'Donnell, Esq., Law Office of Kathleen M. O'Donnell

Exhibit 6A

- Checklist of Adverse Effects Considered in Evaluating Projects Under Section 106 of the National Historic Preservation Act of 1966 Buy Form

Chapter 7 expand

Taxation Law and Conservation Gifts

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Nancy E. Dempze, Esq., Hemenway & Barnes LLP

Exhibit 7A

- Model Conservation Restriction Form (with DCS Comments) Buy Form

Exhibit 7B

- Conservation Restriction Submission Form Buy Form

Exhibit 7C

- Conservation Restriction Review Process General Outline (DCS Website) Buy Form

Exhibit 7D

- Plans, Policies, and Programs Helpful in Demonstrating State and Local Public Benefit (DCS Website) Buy Form

Exhibit 7E

- Conservation Land Tax Credit Program General Selection Criteria Buy Form

Exhibit 7F

- Massachusetts Conservation Land Tax Credit Application Buy Form

Chapter 8 expand

Massachusetts Fisheries and Wildlife Law

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Harlan M. Doliner, Esq., Mabbett & Associates Inc
Meghan L. Morgan, Esq.,

Chapter 9 expand

Massachusetts Forest and Farmland Law

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Francis A. Di Luna, Esq., Smolak & Vaughan LLP
Robert W. Ritchie, Esq., Formerly Massachusetts Assistant Attorney General

Exhibit 9A

- Slash Disposal Setbacks Buy Form

Exhibit 9B

- Executive Order # 193 Buy Form

Exhibit 9C

- Current Use Taxation Chart Buy Form

Exhibit 9D

- Amendment Article 97 Buy Form

Exhibit 9E

- Probable Statutory Intent of G.L. c. 40A, § 3 Buy Form

Exhibit 9F

- Sales Ratio Tests Buy Form

Chapter 10 expand

Wetlands and Floodplain Law

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Gregor I. McGregor, Esq., McGregor Legere & Stevens, PC

Chapter 11 expand

Tidelands and Waterways Law

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Timothy J. Roskelley, Esq., Anderson Kreiger LLP
Jessica A. Wall, Esq., Anderson Kreiger LLP

Exhibit 11A

- Checklist of Criteria for a Chapter 168 Public Benefit Determination Buy Form

Exhibit 11B

- Developed Shoreline Buy Form

Exhibit 11C

- Pier 4 Mixed-Use Development Consolidated Written Determination and Project License Buy Form

Chapter 12 expand

Coastal Zone Law

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Timothy J. Roskelley, Esq., Anderson Kreiger LLP
Jessica A. Wall, Esq., Anderson Kreiger LLP

Exhibit 12A

- MCZM Program Policies Buy Form

Exhibit 12B

- Checklist of Requirements for Obtaining a Discharge Variance Under 302 C.M.R. § 5.10 Buy Form

Exhibit 12C

- The Oceans Act of 2008 Buy Form

Exhibit 12D

- 2015 Ocean Management Plan, Management Areas Buy Form

Exhibit 12E

- 2015 Ocean Management Plan, Renewable Energy Areas Buy Form

Exhibit 12F

- Massachusetts Beaches Within the Coastal Barrier Resources System Buy Form

Chapter 13 expand

Public Land Law

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Nancy Kaplan, Esq., Eversource/Legal Department

Chapter 14 expand

Massachusetts Clean Air Act

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Kathleen M. Brill, Esq., Foley Hoag LLP
Adam P. Kahn, Esq., Foley Hoag LLP
Ethan Severance, Esq., Foley Hoag LLP

Chapter 15 expand

Water Pollution Control

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Luke H. Legere, Esq., McGregor Legere & Stevens, PC

Exhibit 15A

- Checklist of Exemptions from the Sewer System Extension and Connection Permit Program (314 C.M.R. § 7.00) Buy Form

Chapter 16 expand

Public Health Law and Environmental Law

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Susan A. Bernstein, Esq., Susan A Bernstein

Exhibit 16A

- Checklist of Exceptions to Liability Under Section 10 of the Massachusetts Tort Claims Act Buy Form

Chapter 17 expand

Drinking Water Supply

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Karen L. Crocker, Esq., Department of Environmental Protection, Commonwealth of Massachusetts

Exhibit 17A

- Checklist of Major Components of the Watershed Protection Act of 1992 Buy Form

Exhibit 17B

- Checklist of Key Provisions: The 1996 Safe Drinking Water Act Amendments Buy Form

Chapter 18 expand

Solid Waste Regulation in Massachusetts

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Peter F. Durning, Esq., Burns & Levinson LLP
Thomas A. Mackie, Esq., Burns & Levinson LLP

Exhibit 18A

- Criteria for Siting Buy Form

Exhibit 18B

- Checklist of General Site-Suitability Standards Under 310 C.M.R. § 16.40(4)–(5) Buy Form

Chapter 19 expand

Land Use Planning

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Barbara Carboni, Truro Town Hall
Jonathan D. Witten, Esq., KP Law, PC

Chapter 20 expand

Zoning, Subdivision, and Nonzoning Land Use Controls

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Nathaniel Stevens, Esq., McGregor Legere & Stevens PC

Exhibit 20A

- Checklist for Special Permit Procedure Buy Form

Exhibit 20B

- Checklist for Variance Procedure Buy Form

Exhibit 20C

- Checklist for Zoning Enforcement Procedure Buy Form

Chapter 21 expand

Hazardous Materials Law

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Aladdine D. Joroff, Esq., City of Boston

Exhibit 21A

- Checklist: Summary of Reporting Requirements Under EPCRA and Implementing Regulations Buy Form

Chapter 22 expand

Hazardous Waste Cleanup

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Peter F. Durning, Esq., Burns & Levinson LLP
John F. Shea, Esq., Burns & Levinson LLP

Exhibit 22A

- Emerging Contaminants Buy Form

Exhibit 22B

- Vapor Intrusion Conceptual Site Model and Charts Illustrating Evaluation Process and Critical Exposure Pathway Buy Form

Exhibit 22C

- Similar Soils Provision Guidance Buy Form

Exhibit 22D

- Evolution of the MCP Buy Form

Exhibit 22E

- Audit Fact Sheet Buy Form

Exhibit 22F

- Evolution of Chapter 21E Buy Form

Exhibit 22G

- MCP Timelines and Fees Buy Form

Exhibit 22H

- Summary of the Fee Changes Related to the 2014 Massachusetts Contingency Plan (MCP) Revisions Buy Form

Exhibit 22I

- Downgradient Property Status Fact Sheet Buy Form

Exhibit 22J

- Model Notice of Demand Pursuant to G.L. c. 21E, § 4A Buy Form

Exhibit 22K

- Model Response to Section 4A Demand Notice Buy Form

Exhibit 22L

- MCP Cleanup Timeline Buy Form

Exhibit 22M

- New MCP Questions and Answers Buy Form

Exhibit 22N

- MassDEP Fact Sheet on Brownfields and Waste Site Cleanup Programs Buy Form

Exhibit 22O

- Fact Sheet: The Massachusetts Waste Site Cleanup Program—The Basics Buy Form

Chapter 22A expand

Private Party Cost Recovery

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Christopher Foster, Esq., EastWind Law LLC
Morgan I. Phillips,

Exhibit 22A-A

- Sample Notification Letter Buy Form

Exhibit 22A-B

- Checklist Regarding Claim Notice Under G.L. c. 21E, § 4A Buy Form

Exhibit 22A-C

- Checklist Regarding Claim Response Under G.L. c. 21E, § 4A Buy Form

Exhibit 22A-D

- Sample Complaint Buy Form

Exhibit 22A-E

- Sample Standstill and Tolling Agreement Buy Form

Exhibit 22A-F

- Checklist of Key Witnesses Likely to Be Deposed in a Chapter 21E Case Buy Form

Chapter 23 expand

MEPA Review

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R.J. Lyman, Esq., Dain, Torpy, Le Ray, Wiest & Garner, PC

Chapter 24 expand

Environmental Engineering for Lawyers

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Ronald E. Myrick, Esq.,
Sean Reardon, Tetra Tech, Inc.

Exhibit 24A

- Hazardous Waste Site Assessment Initial Data Source Checklist Buy Form

Chapter 25 expand

Environmental Science for Lawyers

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David Biancavilla, BSC Group, Inc
Ingeborg E. Hegemann, BSC Group, Inc
Melissa Kaplan, BSC Group, Inc
Dominic Rinaldi, BSC Group, Inc

Exhibit 25A

- Bibliography Buy Form

Exhibit 25B

- List of Useful Websites Buy Form

Chapter 26 expand

State Environmental Grant and Loan Programs

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Jamy Buchanan Madeja, Esq., Buchanan & Associates
Jennifer Sulla, Esq., Executive Office of Energy & Environmental Affairs

Chapter 27 expand

Insurance Issues in Environmental Practice

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Harvey Nosowitz, Esq., Anderson Kreiger LLP
Steven L. Schreckinger, Esq., Anderson Kreiger LLP

Chapter 28 expand

Environmental Issues in Real Estate Practice

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Robert D. Cox, Jr., Esq., Bowditch & Dewey LLP

Exhibit 28A

- Basic Conditions for Offer Buy Form

Exhibit 28B

- Intermediate Conditions for Offer to Purchase Premises with Known Contamination Buy Form

Exhibit 28C

- Basic Indemnification Clause for Purchase and Sale Agreement Buy Form

Exhibit 28D

- Intermediate Indemnification Agreement for Execution as a Separate Contract Buy Form

Exhibit 28E

- Advanced Indemnification Agreement Buy Form

Exhibit 28F

- Warranties and Representations for Leaking Underground Tank Cleanup Buy Form

Exhibit 28G

- Lease Provisions on Hazardous Materials Buy Form

Exhibit 28H

- Typical Financing Indemnity Provision Buy Form

Chapter 29 expand

The Police Power and Regulatory Takings

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Gregor I. McGregor, Esq., McGregor Legere & Stevens, PC

Glossary expand

Glossary of Environmental Law Abbreviations

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