On December 23, 2019, the City of Boston joined the almost two-thirds of the Commonwealth’s 351 municipalities in having more stringent requirements for work in and near wetlands, waterbodies, and floodplains. Unlike many of those other municipalities, the explicit purpose of Boston’s wetlands ordinance is to address climate change, through adaptation and building resiliency.
On December 23, 2019, Massachusetts Department of Environmental Protection (MassDEP) announced it has finalized the credits for nitrogen oxides (NOx) and volatile organic compounds (VOC) emissions offsets based on the emissions reductions that resulted from the permanent shut-down of the former Brayton Point Station power plant in Somerset, MA.
The Town presented our Senior Associate Nathaniel Stevens with its Award of Excellence "in recognition of 18 years of exemplary leadership and vision as Chair of the Arlington Conservation Commission, protecting wetlands and conservation lands in the Town of Arlington, MA, 2001 - 2019.
On December 13, 2019, the Massachusetts Department of Environmental Protection (“MassDEP”) announced final as well as proposed regulations to address Per- and Polyfluoroalkyl Substances or “PFAS”, a family of man-made chemicals known as the “forever chemicals” due to their persistence in the environment. Only a handful of other states are regulating PFAS.
The federal Clean Water Act (CWA) does not require a permit for the discharge of pollutants to groundwater that is hydrologically connected to navigable waters of the United States. That is the upshot of the federal District Court’s recent ruling upholding the Environmental Protection Agency’s (EPA) interpretation of the CWA as conferring no authority to regulate discharges to groundwater, regardless whether pollutants therein reach navigable waters of the United States. Judge William G. Young determined this to be a “permissible construction” of the statute.
Coastal as well as inland communities in Massachusetts increasingly are looking to their local wetland permitting laws and regulations as one place to help build climate change resilience.
In an important case on an often-raised issue, Smyth v. Conservation Commission of Falmouth, Case No. 17-P-1189, the Massachusetts Appeals Court on February 19, 2019 reversed a Superior Court jury verdict of $640,000.00 on a claim that the Falmouth Wetland Bylaw, as applied, created a “regulatory taking” of plaintiff’s property. This decision has been long-awaited by land use and real estate practitioners.
Only the Commonwealth may enforce public trust rights in Commonwealth tidelands. Property owners lack legal authority to use private litigation for enforcement of public trust rights. That important principle was reinforced in the Massachusetts Appeals Court’s July 10, 2018 decision in the case of Commercial Wharf East Condominium Assoc. v. Boston Boat Basin, LLC, 93 Mass. App. Ct. 523 (2018).
Luke Legere spoke on Article 97 protection for public lands at the 2018 Essex County Open Space Conference hosted by Essex County Greenbelt at the HC Media Studio in Haverhill on December 1, 2018. His co-presenter was Kathleen O'Donnell, who is expert on real estate aspects of ensuring protection for open space. Together they presented the latest on law, policy, politics, practical tips, and recent important court decisions. Law suits are prevalent between residents and municipalities challenging applicability of Article 97, which is important for land trusts, environmental organizations, and municipal officials and boards to know about. Download Mr. Legere's PowerPoint presentation title: Article 97 Protection After Smith v. City of Westfield, from our Slideshow/Powerpoint section in our Reading Room.
Gregor I. McGregor of McGregor & Legere, PC will once again co-chair the 2019 Environmental, Land Use and Energy Law Seminar taking place at Snowmass, CO on January 2-6, 2019 at the National CLE & Ski Conference.
On August 20, 2018 the Supreme Judicial Court issued a decision in Miramar Park Association, Inc. & Others, v. Town of Dennis, considering whether the Town of Dennis violated state environmental regulations by not depositing the spoils from a river-dredging project on a private beach. Yes, it’s as convoluted as it sounds.
The firm's principal, Gregor I. McGregor, has updated his popular article on Buying and Selling Dirty Property, including a new section with example clauses as suggested wording for the many types of real estate contracts.
Property owners lack legal authority to use private litigation to enforce their public trust rights. Only the Commonwealth may enforce public trust rights in Commonwealth tidelands and other waterfront areas. That important principle was reinforced in the Massachusetts Appeals Court’s July 10, 2018 decision in the case of Commercial Wharf East Condominium Assoc. v. Boston Boat Basin, LLC, 93 Mass. App. Ct. 523 (2018).
Many people embrace the state’s Open Meeting Law goal to have deliberations and decisions of local government boards, committees, and commissions open to public view. At the same time, most people have fully incorporated e-mail into their lives as an efficient means of communications. When serving on a conservation commission, planning board, zoning board of appeal, board of health, or other local board, committee or commission, the prolific use of email and laudable public policy can collide.
In the case of Grand Manor Condominium Association v. City of Lowell, the Supreme Judicial Court established with clarity an important rule as to when the statute of limitations begins to run for filing in court a claim for property damage under the Massachusetts Superfund statute, General .Laws, Chapter. 21E, Section 5(a)(iii). The SJC ruled that a claim for such damage due to contamination does not accrue until the plaintiff learns that the damage is not reasonably or feasibly curable.
Tiny House fever is sweeping the nation. The public seems to be head over (w)heels for the concept—small yet artistically crafted homes offering the key elements of a house in the space of a traditional garden shed.
We recently concluded a successful court case, captioned “Thyng v. Thomas P. Kelly, individually, et al,” in Norfolk Superior Court. We represented Scotty Thyng, a long-time local landowner in the City of Quincy.
Gregor I. McGregor of McGregor & Legere, PC and Pamela D. Harvey will Co-chair the 2018 environmental
law conference for Massachusetts Continuing Legal Education (MCLE) on February 8. The place is
MCLE's Conference Center at 10 Winter Place in Boston near Downtown Crossing and the Common.
The Massachusetts legal education institute, known as MCLE, invites Gregor McGregor each year to present at its basic environmental law course his popular Power Point which outlines all state environmental, land use, and energy laws and related litigation. This includes Massachusetts statutes, common law, constitutional provisions, and agency rules.
Gregor I. McGregor of McGregor & Legere, PC co-chairs each year the Environmental, Land Use and Energy Law Seminar taking place in Vail, CO on January 3-7, 2018 at the National CLE Conference.
In an unequivocal victory for environmentalists and proponents of open space and outdoor recreation, the MA Supreme Judicial Court has ruled that Article 97 protection may be triggered for municipal land without formally recording a deed, conservation restriction, or other instrument in the chain of title. Article 97, enacted by the voters in 1972, is an important element of the state's Public Trust Doctrine protecting public land and water areas.
Gregor McGregor and Luke Legere were invited again this year to present to the Massachusetts Municipal Lawyers Association (MMLA) their firm's annual review of environmental law developments for municipal attorneys.
Calculate When Your Permits Expire If Issued Before or During the Covid Emergency: 462 Extra Days?
What the Lifting of the COVID-19 State of Emergency in Massachusetts Will Mean for Boards and Commissions
Legislature Revises Local and Regional Permitting Deadlines as COVID-19 Pandemic Continues
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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