Attorney Blog
Public Lands Preservation Act Codifies EOEEA Policy and Article 97 “No Net Loss”
Written by Gregor I. McGregor, Esq. / Published Friday, 31 March 2023 12:45Article 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. / Published Friday, 31 March 2023 12:22For 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. / Published Friday, 03 March 2023 16:58Massachusetts 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. / Published Friday, 10 February 2023 12:43The 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. / Published Friday, 10 February 2023 11:59The 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 Gregor I. McGregor, Esq. / Published Friday, 27 January 2023 15:11Live 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 Gregor I. McGregor, Esq. / Published Tuesday, 10 January 2023 10:56Firm 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 Luke H. Legere, Esq. / Published Wednesday, 04 January 2023 15:35Current 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 Nathaniel Stevens, Esq. / Published Thursday, 29 December 2022 13:11In 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.”
Caroline E. Smith, Esq. Named An Associate Attorney of The Firm
Gregor I. McGregor, Esq. / Published Wednesday, 30 November 2022 14:40The 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!
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PFAS Update: What EPA Designation of PFAS as a Superfund Substance Under CERCLA Means
Written by Caroline E. Smith, Esq. / Published Friday, 30 September 2022 13:54The United States Environmental Protection Agency (“EPA”) has proposed to designate Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This is the federal Superfund law. Collectively these chemicals are known as “PFAS.”
SJC Nixes Boston Waterfront Harbor Plan and with it the Harbor Tower Garage and the Municipal Harbor Plan Approval Process: Stay Tuned for Revamped MassDEP MHP Regulations
Written by Gregor I. McGregor, Esq. / Published Friday, 30 September 2022 13:12The Massachusetts Supreme Judicial Court (SJC) granted direct appellate review and decided on July 12, 2022, the case of Katherine Armstrong et al v. Secretary of Energy and Environmental Affairs et al, 490 Mass. 243 (2022), and a consolidated case brought by the Conservation Law Foundation of New England, Inc. (CLF) and others.
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 12:28Can 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?
SJC Rules Regulatory Taking Claim in Casino Dispute May Proceed to Discovery and Trial (but Not Impairment of Contract Claim)
Written by Gregor I. McGregor, Esq. / Published Monday, 12 September 2022 13:03An interesting, important and relatively rare decision from the Massachusetts Supreme Judicial Court is about regulatory taking (yes, Virginia, there is a valid claim for taking) and impairment of contract (no, sorry, there is no valid claim).
Supreme Court Strikes Down the City of Boston’s Flag-Flying Practice at City Hall Plaza as Going Over a Bright Line Between Rightful Control of Government Speech and Relaxed Regulation of Private Speech
Written by Gregor I. McGregor, Esq. / Published Monday, 12 September 2022 12:52In the case of Shurtleff v. City of Boston, 596 US ___ (May 2, 2022), the U.S. Supreme Court held that the City of Boston’s flag-raising program did not constitute government speech. Consequently, the City’s refusal to allow the petitioners to fly their flag because of its religious viewpoint violated the Free Speech Clause of the First Amendment to the US Constitution. Let’s see how this regulatory analysis works.
Outdoor Advertising, the First Amendment, and Free Speech: The Supreme Court Refines the Case of Reed v. Gilbert by its Decision in Austin v. Reagan
Written by Gregor I. McGregor, Esq. / Published Monday, 12 September 2022 12:42The City of Austin, Texas regulates signs that advertise things not located on the same premises as the sign, and signs directing readers to offsite locations, all known as “off-premises signs.” The City’s sign code prohibited construction of new off-premises signs, but gave existing signs vested rights and treated on-premises signs liberally.
Supreme Judicial Court Instructs Conservation Commissions on Home Rule Wetland Protection Power: Use It or Lose It
Written by Gregor I. McGregor, Esq. / Published Thursday, 25 August 2022 15:16The Appeals Court in 2016 had taught the lesson well, but many boards, attorneys and clients apparently missed that class, so the Supreme Judicial Court has instructed us again, this time in a masterclass.
SJC Gives Shot in The Arm for Commercial Solar Developments Under Local Zoning
Written by Madison Gaffney / Published Sunday, 24 July 2022 08:16Tracer Lane II Realty, LLC v. City of Waltham, decided by the Massachusetts Supreme Judicial Court on June 2, 2022, was eagerly awaited by municipalities and solar project sponsors alike. The citation is Tracer Lane II Realty, LLC v. City of Waltham, No. SJC-13195 (Mass. Jun. 2, 2022). Real estate, environmental and energy attorneys and their clients take note.
New EPA Advisories Set Limits on “Forever Chemicals” as Studies Link PFAS to Serious Health and Environmental Harms
Written by Madison Gaffney / Published Thursday, 14 July 2022 07:55“Forever chemicals”—which include polyfluoroalkyl substances (PFAS), perfluorooctanoic acid (PFOA), and perfluorooctanoic sulfonic acid (PFOS)—are found in hundreds of everyday products. Human bodies and the natural environment are incapable of breaking these chemicals down.
21-Day Timing Provisions in the Wetlands Act Are Obligatory and Pre-Empt Local Wetland Bylaws
Written by Gregor I. McGregor, Esq. / Published Thursday, 14 April 2022 11:08Local wetlands bylaw (or ordinance) jurisdiction over projects in and near resource areas depends on Conservation Commission compliance with the 21-day deadlines for commencing public hearings and issuing decisions on Notices of Intent (NOI). Indeed, you may safely regard those timing provisions in the state Wetlands Protection Act (the Act) as binding on the Commission, with failure to meet them potentially fatal to any decision the Commission may render.
Sudbury v. MBTA Case Applies Doctrine of Prior Public Use to Inter- and Intra-Governmental Land Transfers, Not to Private
Written by Luke H. Legere, Esq. / Published Tuesday, 22 March 2022 15:53A legal doctrine established prior to Article 97 protects public lands dedicated to a public use from being used for other purposes without legislative authorization, meaning a bill in the General Court passed by majority vote. This is the doctrine of Prior Public Use. Although it pre-dates Article 97, the Prior Public Use doctrine continues to serve as a kind of traditional backup to Article 97 for public land dedicated to a public use.
Regulatory Takings: Ripeness: Exhaustion and Finality
Written by Gregor I. McGregor, Esq. / Published Wednesday, 29 December 2021 15:17Takings jurisprudence requires that courts know the extent of a regulation’s interference with property rights prior to making any adjudication on its validity. Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172 (1985)
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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