Over the past decade, climate change and its impacts have been embraced as serious concerns within the legal sphere, particularly for corporations and law firms operating on a global scale. A prime example of this shift can be seen in the amendments made to the Massachusetts Contingency Plan (MCP).
Effective from March 1, 2024, the Massachusetts Department of Environmental Protection (MassDEP) has added substantial updates to the MCP. Issued on September 1, 2023, these amendments – concerning the regulations governing the clean-up of hazardous material releases and oil spillages at contaminated properties – now mandate the consideration of foreseeable climate change impacts and how these may affect previously completed remediation actions.
More specifically, the amendments point towards a new toolkit for assessing climate change risks to Chapter 21E Sites. The updates are heralded by Burns & Levinson LLP, who encourage law professionals within corporations and legal firms to fully understand the scope and implications of the amendments.
The Massachusetts Contingency Plan, which provides a legal roadmap for environmental clean-ups, has been extensively updated. The amendments push corporations and legal firms to calculate and mitigate the potential impacts of climate change on polluted sites, incorporating future hazard scenarios and climate models into remediation and maintenance plans.
The inclusion of climate change in these amendments shows a forward-thinking approach by the Massachusetts authorities. By beginning to interweave measures of climate change risk into legal clean-up requirements, this amendment has the potential to influence the way contaminated sites are managed under law, both within and potentially beyond its jurisdiction.
For legal professionals in corporations and law firms, it is imperative to understand the intricacies of these new requirements, to ensure compliance and to take a proactive stance on integrating climate change impacts into their managerial practices.
Further details and full context on these amendments can be found in the original document provided by Burns & Levinson LLP.