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New Developments in Environmental Law

Appeals Court Reaffirms Conservation Commissions’ Dual Authority

Written by / Published Monday, 26 January 2015 13:02

The Appeals Court in Parkview Electronics Trust, LLC v. Conservation Commission of Winchester, 88 Mass. App. Ct. 833 (2016), recently rejected a challenge to the well-established principle that a conservation commission can have regulatory authority under a local wetlands bylaw or ordinance that is independent from, and in addition to, its authority under the state Wetlands Protection Act (“Act”). This is so as long as a commission relies on a provision of its local wetlands law that is more stringent than the Act and complies with the timeframes set forth in the Act. Otherwise a commission risks having its decisions under both state and local laws superseded by MassDEP in an appeal under the Act.

Summary of MassDEP's Regulatory Reform Revisions

Written by / Published Tuesday, 06 May 2014 19:59

The stated purpose of the MassDEP Regulatory Reform Initiative is to streamline the permitting process and maintain MassDEP's high standards of environmental protection. Following a review over two years, all MassDEP Bureaus changes to take effect soon, if not already.

Supreme Judicial Court Upholds MESA Regulations For Delineating and Regulating Priority Habitat

Written by / Published Friday, 18 April 2014 16:29

In an important victory for the state’s vulnerable wildlife species, the Massachusetts Supreme Judicial Court (“SJC”) recently upheld the Massachusetts Endangered Species Act (“MESA”) regulations in all respects.  The case, known as Pepin v. Division of Fisheries and Wildlife, 467 Mass. 210 (2014), challenged the procedural and substantive jurisdiction implemented by the state Division of Fisheries and Wildlife (“DFW”) under MESA.  

State's High Court Gives Green Light to Ten-Citizen Suit Seeking MEPA Review of Fellsway Project

Written by / Published Tuesday, 10 December 2013 19:00

Citizen groups may sue project proponents using the so-called Citizen Suit Statute, G.L. c. 214, §7A, to challenge decisions allowing projects that would allegedly cause damage to the environment in violation of the Massachusetts Environmental Policy Act ("MEPA").

Without Clearly Defined Performance Standards, A Local Wetlands Ordinance or Bylaw May Be Worthless

Written by / Published Monday, 09 December 2013 16:14

The Massachusetts Appeals Court’s decision in Tremont Redevelopment Corporation v. Conservation Commission of Westwood, 73 Mass. App. Ct. 1127 (2009), provides guidance for municipalities concerned about the limits of Home Rule for local wetland protection ordinances or bylaws.   The Court applied the Home Rule Doctrine in light of several prior decisions1 and ruled that the Westwood Conservation Commission’s disapproval of a project under its Wetlands Protection Bylaw was invalid.2  

Supreme Judicial Court Rejects Boilerplate Waiver of Wetland Protection Act's Deadline For Decision

Written by / Published Thursday, 09 August 2012 20:00

An open-ended waiver of the state Wetlands Protection Act's twenty-one (21) day deadline for issuing a decision after the close of a public hearing is invalid when required as part of a Notice of Intent application package.

State Appeals Court Calculates Deadline to File Certiorari Case Against Conservation Commission

Written by / Published Wednesday, 28 December 2011 19:00

The Massachusetts Appeals Court recently decided the question of when the clock begins running to file a court appeal for certiorari review under M.G.L. ch. 249, §4, specifically against a conservation commission that had issued an enforcement order.

Pollard Case Rules Commission Must Have Specific Reasons to Reject Applicant’s Uncontradicted Evidence

Written by / Published Sunday, 11 January 2009 19:00

The state Appeals Court recently ruled that a Conservation Commission cannot deny work without explicit and objective reasons why the Commission is rejecting the applicant's uncontested evidence. In Pollard v. Conservation Commission of Norfolk, the Massachusetts Appeals Court (the "Appeals Court") said that the Commission, in disbelieving or rejecting uncontradicted evidence, cannot simply say that the applicants' evidence was "not credible" and that the applicants "failed to sustain their burden."

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