Mr. McGregor for decades has served on government advisory committees for Massachusetts agency programs during their original creation or substantial revision. We often are invited by agencies to review their ideas for new legislation, proposed regulations, and reform initiatives.
Controversies over industrial, commercial, and residential development erupt in court. Challenges can be brought to government regulations and permits. Federal, state, and local agencies bring enforcement actions to secure compliance. Landowners sue in eminent domain cases for increased money damages. Government goes against responsible parties for reimbursement for the costs of assessing, containing, and cleaning up hazardous waste.
It is not hard to identify the problems with existing environmental dispute resolution mechanisms. Litigation is time-consuming and expensive and quite often does not produce victory even for the successful litigant. Even when the parties to a dispute voluntarily try to work out their differences, stalemate is common. Lack of communication skills, early posturing and hardening of positions, inadequate information on technical matters, unreasonable expectations, and unwillingness to accept less than full victory sometimes prevent agreement.
By virtue of the Massachusetts Environmental Policy Act (MEPA), all agencies, department, boards, commissions, and authorities of the state, as well as a few authorities of political subdivisions (such as local housing authorities and redevelopment authorities that are established by state statue) must prepare, circulate, and consider an Environmental Impact Report (EIR) 60 days prior to undertaking any project which may cause significant damage to the environment.
There are two types of municipalities in Massachusetts: cities and towns. They have primary responsibility for zoning, subdivision control, and other land use controls within their borders. Zoning and subdivision controls provide the basic framework of land use limitations with which developers, industries, and landowners must deal.
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A variety of state statutes and real estate tools deal directly or indirectly with preservation or enhancement of open space. We are working for many clients on open space issues and transactions at any given time.
Municipalities, many federal and state agencies and regional authorities may take by eminent domain, purchase or receive gifts of open space. They also may acquire less than fee interests, such as easements, covenants and other restrictions. One type of lesser interest, but very important in land conservation nationwide, is the conservation easement or conservation restriction.
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