Attorney Blog
Massachusetts’ 2024 Environmental Justice (EJ) Strategy
Written by Adam ScheckmanOn February 15, 2024, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) published Massachusetts’ first-ever “Environmental Justice Strategy” (EJ Strategy).1 This EJ Strategy comes as a result of the Commonwealth’s 2021 Environmental Justice Policy, which directed all EEA agencies to develop their own environmental justice (EJ) strategies.2
EPA Finalizes Stronger National Ambient Air Quality Standards for Fine Particulate Matter
Written by Adam ScheckmanIn early January 2023 the U.S. Environmental Protection Agency (EPA) issued a proposed decision to reconsider the standards on fine particulate matter, commonly referred to as PM2.5, under the Federal Clean Air Act’s (CAA) National Ambient Air Quality Standards (NAAQS).1
Nathaniel Stevens to Present Workshop on Considerations in Permitting Artificial Turf Fields
Partner in the firm Nathanial Stevens will present, with other experts, a workshop on the science and analyses used to evaluate artificial turf field projects in and near wetland resource areas and buffer zones.
Conservation Commissions, Agents and Experts to Hear Nathaniel Stevens, Esq. On How to Run an Effective Meeting or Hearing and Get Home Before Midnight!
For several years, firm partner Nathaniel Stevens has taught Unit 201 of the Massachusetts Association of Conservation Commissions’ certification program, which is a popular workshop entitled “Getting Home Before Midnight: How to Run an Effective Meeting.”
Engineers and Surveyors to Hear McGregor on Types of Boundaries in Massachusetts Property, Land Use, and Environmental Law, Where They Are, and How They Change
Gregor I. McGregor, Esq., the founding partner of the environmental, land use, and real estate law firm of McGregor Legere & Stevens PC in Boston, will present his short treatise called “Boundaries” to the Massachusetts Association of Land Surveyors and Civil Engineers (MALSCE)
McGregor and Grzenda to Present Wetlands Potpourri on “All Your Burning Legal and Practical Conservation Commission Questions”
Firm senior partner Gregor I. McGregor and wetlands and open space expert Michele Grzenda have teamed up to present a Q&A workshop at the Annual Environmental Conference (AEC) of the Massachusetts Association of Conservation Commissions (MACC).
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.Tyler 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.An 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
Annually 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.In 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.
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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.The 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.Gregor 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.Article 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.Firm 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.Firm 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.The 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).
WOTUS OVERTURNED BY SCOTUS: Sackett v. EPA Redefines What is a Federal Wetland
Written by Gregor I. McGregor, Esq.On 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.Article 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.For 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.Massachusetts 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.The 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.The 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.
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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