Attorney Blog
U.S. Supreme Court in Tyler v. Hennepin County, MN Applies Regulatory Takings Jurisprudence to Municipal and State Real Estate Taxing Authority
Written by Gregor I. McGregor, Esq. / Published Monday, 05 February 2024 15:51Tyler owned a condominium that accumulated about $15,000 in unpaid real estate taxes along with interest and penalties. The County seized and sold it for $40,000, keeping the $25,000 excess over Tyler's tax debt, as per a state statute.
SJC Rules on Local Land Dedication Under Prior Public Use Doctrine and Explains Article 97 Protection of Conservation Land
Written by Gregor I. McGregor, Esq. / Published Sunday, 04 February 2024 16:41An important Supreme Judicial Court decision, Carroll v. Select Board of Norwell (SJC-13410, January 5, 2024) upheld the Town of Norwell's designation of land for affordable housing purposes and rejected an attempt by residents to transfer the property to another purpose without the Select Board's determination under G.L. c. 40, Section 15A that the land was no longer needed for affordable housing purposes.
McGregor Recognized as a Massachusetts "Go-to-Lawyer" on Environmental and Energy Law
/ Published Friday, 19 January 2024 11:53Annually the Massachusetts Lawyers Weekly publication, the legal newspaper of record for practicing attorneys, selects leading lawyers to recognize in an important field of law. For 2023 the subject was Environmental/Energy and our firm founder and senior partner Gregor I. McGregor was so honored.
MassDEP Proposes New Wetlands, Waterways, and Water Quality Rules for Climate Change and Resiliency
Written by Gregor I. McGregor, Esq. / Published Monday, 08 January 2024 16:28In January 2023 MassDEP proposed a comprehensive suite of new regulations to deal with climate change in the form of storms, flooding, and sea level rise. These are expected to be promulgated during 2024. They will affect three related regulatory and policy programs. The opportunity for the public to comment is open through February. Where and how to send your comments are specified by MassDEP.
Gregor I. McGregor to present his "Legacy of 100 years of the Regulatory Taking Doctrine" at Pace Law School Annual Environmental Law Conference
Written by Gregor I. McGregor, Esq. / Published Tuesday, 07 November 2023 12:06The Takings Clause of the United States Constitution and court cases since Pennsylvania Coal v. Mahon (1922) are a check on governmental power which the Due Process and Contracts Clauses used to serve.
Local Climate Action: From Climate Adaptation to Community Resilience: Start by Adding Climate to Municipal Bylaws
Written by Gregor I. McGregor, Esq. / Published Monday, 30 October 2023 12:27Gregor I. McGregor, Esq. of McGregor Legere Stevens PC on November 15 will present on Local Climate Action to the Massachusetts Society of Municipal Conservation Professionals (MSMCP).
Attorney Gregor McGregor Presents on the Public Lands Preservation Act (PLPA) at 2023 City & Town Counsel and Conservation Conferences
Written by Gregor I. McGregor, Esq. / Published Friday, 13 October 2023 14:36Article 97 of the Amendments to the Massachusetts Constitution, approved by the voters in 1972, established a right to a clean environment including its natural, scenic, historical, and aesthetic qualities for the citizens of the Commonwealth.
Classic McGregor PowerPoint on "Massachusetts Environmental Law From A-Z" Updated and Now Available
Written by Gregor I. McGregor, Esq. / Published Tuesday, 08 August 2023 11:36Firm Senior Partner Gregor I. McGregor has updated his popular PowerPoint covering environmental law from "A to Z." This means it surveys Massachusetts state and local environmental laws, regulations, bylaws and ordinances, as well as related federal laws and legal doctrines, from Air Pollution to Zoning and everything in between!
McGregor to Present "Legacy of the Regulatory Takings Doctrine" at ABA Annual Meeting
Written by Gregor I. McGregor, Esq. / Published Thursday, 13 July 2023 16:59Firm founder and senior partner Gregor I. McGregor will present at this year's American Bar Association (ABA) annual meeting in Denver, August 3-5, a survey of 100 years of the Regulatory Taking Doctrine since the seminal court case Pennsylvania Coal v. Mahon in 1922.
MassDEP Targets Cape Cod’s Nitrogen Pollution with New Watershed and Septic System Regulations
Written by Caroline E. Smith, Esq. / Published Friday, 07 July 2023 11:33The Massachusetts Department of Environment Protection (“MassDEP”) has amended its Septic System (“Title 5”) Regulations (310 CMR 15.000) and its Watershed Permit Regulations (314 CMR 21.00).
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WOTUS OVERTURNED BY SCOTUS: Sackett v. EPA Redefines What is a Federal Wetland
Written by Gregor I. McGregor, Esq. / Published Friday, 09 June 2023 14:52On May 25 the United States Supreme Court, ruling in the case of Sackett v. EPA, sharply limited the scope of protection for the nation’s waters under the federal Clean Water Act (CWA). The Court redefined the CWA’s coverage of “waters of the United States” which had been hotly contested since the Court’s previous decision on point and EPA’s regulatory expansion of what adjacent wetlands are included.
Public Lands Preservation Act Codifies EOEEA Policy and Article 97 “No Net Loss”
Written by Gregor I. McGregor, Esq. / Published Friday, 31 March 2023 12:45Article 97 of the Amendments to the Massachusetts Constitution, approved by the voters in 1972, established a right to a clean environment including its natural, scenic, historical, and aesthetic qualities for the citizens of the Commonwealth.
Use and Abuse of Rights of Way and Easements to Massachusetts Great Ponds
Written by Michael J. O'Neill, Esq. / Published Friday, 31 March 2023 12:22For anyone contemplating using a right-of-way to reach a Great Pond in Massachusetts, two must-read Appeals Court decisions are Kubic v. Audette, 98 Mass. 289 (2020) (Kubic I) and Kubic v. Audette, 102 Mass. App. Ct. 228 (2023) (Kubic II). They explain the principle of ownership of accreted land bordering a Great Pond, the rights and limits of access to a Great Pond, the tests for overburdening of an easement, and the proper interpretation of easements.
McGregor to Co-Chair 24th Annual Environmental Law Conference for Massachusetts Attorneys
Written by Gregor I. McGregor, Esq. / Published Friday, 03 March 2023 16:58Massachusetts Continuing Legal Education (MCLE) again will host its annual conference on Environmental, Land Use & Energy Law, once again co-chaired by the principal of our firm, Gregor I. McGregor, Esq. This is the 24th year of this gathering of the leading specialists in this field of law.
Bourne’s Ban on Recreational Marijuana Establishments is Not a Zoning Bylaw and So is Valid
Written by Caroline E. Smith, Esq. / Published Friday, 10 February 2023 12:43The Massachusetts Supreme Judicial Court, in its decision in the case of Haven Center, Inc. v. Town of Bourne, 490 Mass. 364 (2022), upheld as valid the Town of Bourne’s general bylaw ban on recreational marijuana establishments.
Federal Housing Act, Equal Protection, and Substantive Due Process Claims Survive in Federal Court
Written by Caroline E. Smith, Esq. / Published Friday, 10 February 2023 11:59The U.S. District Court for the District of Massachusetts issued an important decision in the case of Valentin v. Town of Natick et al., 2022 WL 4481412 (D. Mass. Sept. 27, 2022). This federal court litigation arose from the denial of an application for a permit to develop a condominium project that included affordable housing in Natick, Massachusetts.
Representing Clients on Wetlands Permits & Determinations Before Conservation Commissions: Make the Tactical and Strategic Choices for Success
Written by Gregor I. McGregor, Esq. / Published Friday, 27 January 2023 15:11Live Webcast
Date: February 7, 2023
Time: 9:30 AM
Learn about the substantive laws that govern your client's applications, such as the: Wetlands Protection Act and municipal bylaws; Home Rule principles and preemption; Open Meeting Law rules (for live, remote, and hybrid); and related federal and state permits and licenses.
McGregor Presents Regulatory Taking Update to Real Estate Bar Association for Massachusetts (REBA)
Written by Gregor I. McGregor, Esq. / Published Tuesday, 10 January 2023 10:56Firm founder and senior partner Gregor I. McGregor is honored to present as a webinar open to all REBA members his updated PowerPoint on the United State Supreme Court decisions on Regulatory Takings. He also is covering the leading cases from the high courts of states in the last couple of years.
EPA Updates CERCLA Regulations to Include ASTM Phase I Standards for Due Diligence
Written by Luke H. Legere, Esq. / Published Wednesday, 04 January 2023 15:35Current and prospective property owners who may wish to be able to invoke certain legal defenses to liability under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) should be aware that the United States Environmental Protection Agency (EPA) has amended its regulations governing such defenses.
Supreme Judicial Court Rules When and How to Require Plaintiffs to Post Bonds in Zoning and Comprehensive Permit Appeals and on Remand the Superior Court Does So
Written by Nathaniel Stevens, Esq. / Published Thursday, 29 December 2022 13:11In January 2021, the Zoning Act, G.L. c. 40A, was amended to give the trial court judge discretion to require a plaintiff appealing a special permit, variance, or site plan decision to post a bond of up to $50,000 “to secure the payment of costs if the court finds that the harm to the defendant or to the public interest resulting from delays caused by the appeal outweighs the financial burden of the surety or cash bond on the plaintiffs.”
Caroline E. Smith, Esq. Named An Associate Attorney of The Firm
Gregor I. McGregor, Esq. / Published Wednesday, 30 November 2022 14:40The law firm of McGregor Legere & Stevens, PC is very pleased to announce the addition of Caroline Smith as an Associate Attorney. Welcome to the firm, Caroline!
PFAS Update: What EPA Designation of PFAS as a Superfund Substance Under CERCLA Means
Written by Caroline E. Smith, Esq. / Published Friday, 30 September 2022 13:54The United States Environmental Protection Agency (“EPA”) has proposed to designate Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This is the federal Superfund law. Collectively these chemicals are known as “PFAS.”
Attorney Blog Categories
COVID-19 Guidance
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Calculate When Your Permits Expire If Issued Before or During the Covid Emergency: 462 Extra Days?
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What the Lifting of the COVID-19 State of Emergency in Massachusetts Will Mean for Boards and Commissions
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Legislature Revises Local and Regional Permitting Deadlines as COVID-19 Pandemic Continues
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MassDEP and EPA Guidance on Waste Site Cleanups and Compliance during COVID-19 Emergency: Some Flexibility but Important Deadlines and On-Site Obligations Still Apply
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