A federal district court in Massachusetts recently issued companion decisions addressing the “useful product defense” in the context of biosolids that contain per- and polyfluoroalkyl substances (PFAS).  In twin orders dated December 30, 2025, the court held that biosolid pellets, or “biopellets”—which are produced from treated wastewater solids and used as fertilizer—are “useful products,” providing a defense to liability under Massachusetts’s analogue to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Read More »

Share | Email| Comments|  Topics: CERCLA, Class Actions, Contamination, Drinking Water, Massachusetts, Negligence, Nuisance, PFAS, Pollutants, Water

In Conservation Law Foundation, Inc. v. Academy Express, LLC, the Conservation Law Foundation brought a private right of action under the Clean Air Act, alleging that Academy Express, LLC, a bus company, allowed its vehicles to sit idle for excessive periods of time across Massachusetts and Connecticut. No. 20-10032-WGY (D. Mass. 2023). On appeal, the First Circuit decided an interesting question regarding standing: whether smelling odor from vehicle fumes was sufficient to confer standing to sue a particular bus company. The First Circuit said it was and so allowed the case to proceed. Read More »

Share | Email| Comments|  Topics: Air, Clean Air Act, Connecticut, Emissions, Massachusetts, Nuisance, Odors, Pollutants

This month, in Markmik, LLC v. Packer (unreported decision, No. 23-P-736), the Massachusetts Appeals Court affirmed a trial court’s finding that a less expensive cleanup option requiring buyers to accept an activity and use limitation (“AUL”), with no diminution in value damages, was appropriate given a guaranty by sellers that was silent about the level of cleanup committed to. Read More »

Share | Email| Comments|  Topics: Breach of Contract, Cleanup, Contamination, Cost Recovery, Damages, Groundwater, Massachusetts, Property Value, Real Estate, Remediation, Vapor Intrusion