On April 10, 2024, after receiving nearly 122,000 comments on the proposed rule, the United States Environmental Protection Agency (“EPA”) announced its final National Primary Drinking Water Regulation (“NPDWR”) for six perfluoroalkyl and polyfluoroalkyl (“PFAS”) compounds. EPA’s announcement comes in advance of final publication of the rule, which is expected to be posted in the Federal Register in the coming days. What Does the Final Rule Do? EPA’s final rule establishes Maximum Contaminant Levels (“MCLs”) for six PFAS compounds: PFOA, PFOS, PFNA, PFHxS, HFPO-DA (GenX chemicals), and PFBS. M ..read more

On December 7, the Maine Board of Environmental Protection (BEP) voted to post to public comment amendments to two Department of Environmental (DEP) sets of rules. The first proposes changes to Chapter 200, Metallic Mineral Exploration, Advanced Exploration and Mining. The second proposes changes to Chapter 2, Processing of Applications and Other Administrative Matters. Chapter 200 Changes Chapter 200 implements the Maine Metallic Mineral Mining Act (the “Mining Act”) and establishes a comprehensive set of mining regulations. Both the Mining Act and Chapter 200 were designed to protect natural ..read more

On November 3, 2023, the Maine Public Utilities Commission (the “Commission”) issued an Order adopting amendments to its Small Generator Interconnection Procedures Rule (Chapter 324). Background. Chapter 324 was last amended on December 21, 2021. See Maine Public Utilities Commission, Amendments to Small Generator Interconnection Procedures Rules (Chapter 324), Docket No. 2021-00167 Order (Dec. 21, 2021). In 2022, the Legislature enacted LD 1100, An Act to Support the Continued Access to Solar Energy and Battery Storage by Maine Homes and Businesses. P.L. 2021 Ch. 264. Among other things, LD 1 ..read more

For nearly two years, Verrill partner Jim Cohen, who has been practicing energy and utilities law for more than three decades, has been traveling throughout the State of Maine to speak with numerous groups about Pine Tree Power, which is Question 3 on Maine’s statewide ballot this November. Jim has been working on behalf of firm client Maine Affordable Energy Coalition, a ballot question committee opposing Question 3 which is comprised of hundreds of large and small businesses, many of Maine’s largest business trade associations, organized labor, and thousands of individual Mainers. Question 3 ..read more

Earlier this year, Verrill Partner Mat Todaro was selected by American Bar Association leadership to serve on the 2022 Fall Conference Planning Committee for its Section on Environment, Energy, and Resources. In this role, Mat led the development of a high-profile national panel discussing the latest regulatory and litigation developments concerning PFAS. Mat worked closely with leading national practitioners to plan and carryout the panel presentation, including the Deputy General Counsel at the U.S. Environmental Protection Agency, the attorney charged with development and implementation of ..read more

Verrill attorneys Juliet T. Browne, James I. Cohen, Gordon R. Smith, and Mathew J. Todaro were recently recognized for energy and environmental law in Maine in the 2022 Chambers & Partners Guide [hyperlink]. Chambers & Partners is one of the world's most respected legal research and publishing firms. Each year, Chambers conducts thousands of in-depth interviews with clients in order to assess the reputations and experience of business lawyers across the United States in various practice areas. Juliet T. Browne, Partner at Verrill, brings a holistic approach to problem solving and partn ..read more

The National Safety Council (NSC) of Northern New England recently held its 51st Annual New Hampshire Safety & Health Conference in Nashua. The two-day conference began on June 7th and featured keynote speakers with 24 breakout sessions on a variety of important safety topics. Verrill Partner Mathew Todaro and Amplify Process Safety Principal Consultant Robert Bartlett were presenters at one of the breakout sessions. Their presentation ‘How Does EPA’s General Duty Clause Change the Game for Chemical Use?’ provided participants with an introductory understanding of the EPA’s General Duty Cl ..read more

The Maine Superior Court has dismissed all claims against five intertidal landowners represented by Verrill in Masucci v. Judy’s Moody, LLC. The landowners had been sued because they contacted Maine Marine Patrol to report the illegal removal of rockweed from their intertidal land and because they advocated for rockweed conservation. The rockweed harvesters and other plaintiffs chose these and other coastal landowners as defendants to try to convince the Maine judiciary to reverse hundreds of years of property law by reallocating all intertidal land into state ownership. Since 1641, intertidal ..read more

The U.S. Department of Justice announced that ESI Energy LLC (ESI), a wholly owned subsidiary of Nextera Energy Resources LLC, pleaded guilty to violating the Migratory Bird Treaty Act (MBTA) and acknowledged at least 150 deaths of bald and golden eagles at 50 of ESI’s 154 wind power facilities. In what is believed to be by far the largest MBTA penalty imposed on a wind power project, ESI entered into a plea agreement that requires it to pay $8 million in fines and restitution, and to implement up to $27 million worth of measures intended to minimize future eagle deaths. Each future eagle deat ..read more

On or before May 2, 2022, the Maine Public Utilities Commission has requested bids for proposed transmission and generation resources that would boost energy exports from northern Maine. The northern Maine region has long been viewed as having significant untapped potential renewable energy resources, including wind and wood biomass generation. The limited extent of investment in potential energy exports from the Maine’s northernmost region stems primarily from the lack of a direct connection between the New England and northern Maine electric grids. Currently, a northern Maine generator’s onl ..read more