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Environmental Law (25)

The Supreme Court's Seven County Case: New Legal Principles Govern NEPA Decisionmaking and Court Deference

Written by / Published Wednesday, 11 February 2026 14:49
On May 29, 2025, the U.S. Supreme Court significantly impacted how agencies comply with NEPA, and how courts review compliance, in its decision Seven County Infrastructure Coalition v. Eagle County et al, 605 U.S. (No. 23-975, May 29, 2025).  The 5-3 majority (Gorsuch did not participate in the decision) held that courts must give federal agencies “substantial judicial deference” when reviewing NEPA documents. Specifically, the court found that NEPA does not require agencies to consider the environmental effects of upstream or downstream projects that are “separate in time or place” from the proposed action subject to NEPA review.  Factual Background:…

The National Environmental Policy Act, New CEQ Rules, and Reforms: It's Not Your Grandparents' NEPA Anymore

Written by / Published Wednesday, 11 February 2026 14:29
A. National Environmental Policy Act Congress enacted the National Environmental Policy Act (NEPA) to declare a national policy “to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and [to] fulfill the social, economic, and other requirements of present and future generations of Americans.” 42 U.S.C. 4331(a). NEPA, as amended by the Fiscal Responsibility Act of 2023 (FRA), furthers this national policy by requiring federal agencies to prepare a “detailed statement” for…

McGregor Publishes Environmental Law Update 2024-2025

Written by / Published Tuesday, 18 March 2025 13:41
Firm founder and senior partner Gregor McGregor this year has prepared his annual survey of environmental law developments in PowerPoint form. It will be further updated throughout the current year. It covers federal, Massachusetts, and municipal court cases, laws, regulations, policies, and enforcement.

McGregor Pays Tribute to the Giants in the History of Massachusetts Wetlands Protection Laws

Written by / Published Wednesday, 12 March 2025 13:30
Mr. McGregor’s keynote address to the Annual Environmental Conference (AEC) of the Massachusetts Association of Conservation Commissions (MACC) at Holy Cross College on March 1, 2025, marked his retirement from the MACC Board after 50 years.

Brookline Ban on Smoking Products Upheld by SJC Has Environmental Implications

Written by / Published Wednesday, 12 March 2025 12:26
The Town of Brookline smoking ban case has favorable implications for local environmental laws.

McGregor to Give Keynote Address and Smith to Present on Enforcement at MACC’s Annual Environmental Conference

Written by / Published Thursday, 06 February 2025 15:18
Firm senior partner Gregor I. McGregor will deliver the keynote address at the Annual Environmental Conference (AEC) of the Massachusetts Association of Conservation Commissions (MACC). This is to mark his retirement from the MACC Board of Directors after 50 years.
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