Navigating Environmental Law in Rhode Island and Massachusetts: A Guide for Corporations and Individuals
If you’re reading this article, chances are you’re seeking guidance on the latest environmental laws and regulations. In both Rhode Island and Massachusetts, strict regulations govern the operations of corporations and individuals that may impact the natural environment. The primary goal of environmental law and regulation is to minimize pollution and protect public health as well as the environment. Over time, these laws have evolved as awareness of pollution’s detrimental effects on society and the planet has increased. Understanding Environmental Regulation: The Command and Control Approach Most environmental regulation falls under the umbrella of what's called “command and control” law. This method can be broken down into three key steps: 1. Identifying the Activity: This involves pinpointing activities that can negatively affect the environment. 2. Creating Control Parameters: Once an activity is identified, regulations set parameters to control the
behavior, ensuring it doesn’t exceed thresholds that would harm the environment. 3. Prohibition of Non-Compliance : If an entity does not adhere to these parameters, they are prohibited from continuing the activity. Industries are most commonly cited for environmental law violations because they are the most likely to engage in regulated activities. These industries often argue that the high costs of environmental compliance place a heavy financial burden on them, making the role of top environmental law firms critical to navigating these complex regulations. Environmental Due Diligence: Identifying Risks and Liabilities Through environmental due diligence, companies and lending institutions can assess potential risks and liabilities. This step is particularly crucial in real estate transactions. For example, lenders often require thorough environmental
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