Attorney Blog

New Developments in Environmental Law

Public Lands Preservation Act Codifies EOEEA Policy and Article 97 “No Net Loss”

Written by / Published Friday, 31 March 2023 12:45

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 / Published Friday, 31 March 2023 12:22

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 / Published Friday, 03 March 2023 16:58

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 / Published Friday, 10 February 2023 12:43

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 / Published Friday, 10 February 2023 11:59

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. 

Representing Clients on Wetlands Permits & Determinations Before Conservation Commissions: Make the Tactical and Strategic Choices for Success

Written by / Published Friday, 27 January 2023 15:11

Live Webcast
Date: February 7, 2023
Time: 9:30 AM


Learn about the substantive laws that govern your client's applications, such as the: Wetlands Protection Act and municipal bylaws; Home Rule principles and preemption; Open Meeting Law rules (for live, remote, and hybrid); and related federal and state permits and licenses.

McGregor Presents Regulatory Taking Update to Real Estate Bar Association for Massachusetts (REBA)

Written by / Published Tuesday, 10 January 2023 10:56

Firm founder and senior partner Gregor I. McGregor is honored to present as a webinar open to all REBA members his updated PowerPoint on the United State Supreme Court decisions on Regulatory Takings. He also is covering the leading cases from the high courts of states in the last couple of years.

EPA Updates CERCLA Regulations to Include ASTM Phase I Standards for Due Diligence

Written by / Published Wednesday, 04 January 2023 15:35

Current and prospective property owners who may wish to be able to invoke certain legal defenses to liability under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) should be aware that the United States Environmental Protection Agency (EPA) has amended its regulations governing such defenses.  

Supreme Judicial Court Rules When and How to Require Plaintiffs to Post Bonds in Zoning and Comprehensive Permit Appeals and on Remand the Superior Court Does So

Written by / Published Thursday, 29 December 2022 13:11

In January 2021, the Zoning Act, G.L. c. 40A, was amended to give the trial court judge discretion to require a plaintiff appealing a special permit, variance, or site plan decision to post a bond of up to $50,000 “to secure the payment of costs if the court finds that the harm to the defendant or to the public interest resulting from delays caused by the appeal outweighs the financial burden of the surety or cash bond on the plaintiffs.”

The law firm of McGregor Legere & Stevens, PC is very pleased to announce the addition of Caroline Smith as an Associate Attorney. Welcome to the firm, Caroline!

Across the spectrum of environmental law we offer advice and representation
with practical, results-oriented lawyering.


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