Enforcement & Defense

Enforcement & Defense (3)

Checklist for Environmental Agency Inspections

Written by Gregor I. McGregor, Esq. / Published Tuesday, 14 July 2026 17:01

Companies and others subject to environmental and land use laws regularly treat agency inspections too casually. Environmental enforcement is on the upswing, well-funded, and will not go away. Government agencies plan to increase inspections, not only for ascertaining routine compliance but also for spotting violators and gaining information for enforcement. Agency inspectors should and will use every lawful means to investigate and sue or prosecute violators. At the same time, businesses and landowners should and are becoming aware of their rights and duties regarding inspections. In most situations, it is best to understand and accommodate inspections. Even then, it is…

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First Circuit Rules Federal Clean Water Act Citizen Plaintiffs Are Not Completely Trumped by Past or Pending EPA or State Agency Administrative Enforcement Against the Violator

Written by Gregor I. McGregor, Esq. / Published Friday, 30 September 2022 12:28

Can citizen plaintiffs in federal court sue the same violator for the same water pollution violation against which the U.S Environmental Protection Agency (EPA) or state agency is taking or has taken administrative enforcement?

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Clean Water Act

Assessing Civil Penalties for Violating Zoning Bylaws or State Building Code: Appeals Court Says to Adhere Closely to the Correct Process

Written by Nathaniel Stevens, Esq. / Published Tuesday, 28 July 2020 09:32

A June 15, 2020 opinion of the Massachusetts Appeals Court reminds building inspectors and other municipal officials of the trilogy of remedies to assess money penalties for zoning and building code violations and to be sure to follow the proper procedures. There are lessons as well for any local officials who have been given the power to issue citations using the non-criminal disposition procedures of G.L. c 40, § 21D. The Appeals Court’s decision is Michael J. Maroney, Trustee et al v. Planning Board of Haverhill et al, 19-P-566, 97 Mass. App. Ct. 678 (2020).

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