Attorney Blog
Revisiting the Leading Massachusetts Cases on Article 97 Park and Open Space Protection: Mahajan and Westfield
Written by Luke H. Legere, Esq.We remind ourselves of the seminal decision in Mahajan v. DEP, 464 Mass. 604 (2013) – in which the Supreme Judicial Court (SJC) reversed and remanded a Superior Court decision that Article 97 applied to Long Wharf in Boston – in light of the SJC’s more recent ruling in Smith v. City of Westfield, 478 Mass. 49 (2017).
US Supreme Court Decides Interstate Aquifer Rights
Written by Tyler DoanOn November 22, 2021, the United States Supreme Court issued a ruling on whether Tennessee is liable for damages and other relief related to the pumping of groundwater by the City of Memphis from the Middle Claiborne Aquifer which lies beneath eight states. The Supreme Court ruled in a precedent setting opinion that the waters of the Middle Claiborne Aquifer are subject to the judicial remedy of equitable apportionment and that Mississippi’s complaint is dismissed without leave to amend.
U.S. Supreme Court Rules CERCLA Does Not Preclude State Law Claims For Contaminated Sites: Superfund and EPA Are Not The Only Game In Town
Written by Luke H. Legere, Esq.In a recent decision with far-reaching implications for owners of contaminated property, the U.S. Supreme Court ruled that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, often referred to as the federal Superfund law) does not preclude claims under state laws for further cleanup of contaminated sites.
Mcgregor Legere & Stevens Obtains $1.35 Million for Client for City’s Illegal Blockage of House Construction
Written by Michael J. O'Neill, Esq.In 2015 we won on behalf of client Scotty Thyng a million-dollar verdict in Norfolk Superior Court (Civil Action No. 2010-01449) against officials of the City of Quincy.
22nd Annual MCLE Environmental, Land Use & Energy Law Conference (Virtual) on March 4, 2021: Best Practices For Emerging Issues Featured
Written by Gregor I. McGregor, Esq.There was no shortage of important 2020 developments in federal, state and local environmental law, despite Covid-19. This MCLE annual offering, co-chaired by firm founder Gregor McGregor, Esq. and former MassDEP counsel Pamela Harvey, Esq, features well-known speakers.
McGregor Presents "Environmental Law 2019-2020: Legal Developments in Wetlands and Water Law For Conservation Commissions"
Written by Gregor I. McGregor, Esq.The Firm’s newest PowerPoint updating wetlands and water law for those who are involved with applications, plans, permits and enforcement by Conservation Commissions is available to readers of this site. Gregor McGregor presented it to the Massachusetts Society of Municipal Conservation Professionals in a luncheon webcast January 27, 2021.
Appeals Court Summary Decisions In 2020 Involving Municipal Boards Give Insights On Email Settlements, Constructive Approvals, and Permit Extensions
Written by Gregor I. McGregor, Esq.Three selected 2020 summary decisions of the Massachusetts Appeals Court illustrate, in short and sweet opinions, the implications of settlement negotiations by emails, tactical moves while challenging a local board’s decision, the ins and outs of getting permit extensions, what happens in court review of a tribunal’s decision, and how a well-maintained document record, well-run deliberation, and well-written decision can determine who wins or loses and why.
Appeals Court Rules Conservation Restrictions are Enforceable Against Violators for Monetary Damages, Not Just Equitable Relief Like Restoration and Replanting
Written by Gregor I. McGregor, Esq.In its August 10, 2020, decision in the case of Wellesley Conservation Council, Inc. v. Pereira (AC 19-P-753), the Massachusetts Appeals Court addressed the scope of enforcement options available to the holder of a Conservation Restriction (CR), in particular whether injunctive relief (like restoration and replanting) is the holder’s sole remedy for violations of the CR’s terms, or does it include money damages, too. The answer is yes to damages.
Appeals Court Takes The Mystery Ouf Of Altering One - and Two-Family Preexisting Nonconforming Residences: No More "Grandfathering"
Written by Michael J. O'Neill, Esq.The decision of the Appeals Court in Henry W. Comstock, Jr., Trustee and another v. Zoning Board of Appeals of Gloucester and others, authored by Justice James Milkey, illustrates the strong protections afforded by G.L. c. 40 A, section 6 to owners of single- or two-family preexisting nonconforming residences who want to renovate their residences. They are protected by significant obstacles to neighbor opponents of such projects on account of minor issues.
Assessing Civil Penalties for Violating Zoning Bylaws or State Building Code: Appeals Court Says to Adhere Closely to the Correct Process
Written by Nathaniel Stevens, Esq.A June 15, 2020 opinion of the Massachusetts Appeals Court reminds building inspectors and other municipal officials of the trilogy of remedies to assess money penalties for zoning and building code violations and to be sure to follow the proper procedures. There are lessons as well for any local officials who have been given the power to issue citations using the non-criminal disposition procedures of G.L. c 40, § 21D. The Appeals Court’s decision is Michael J. Maroney, Trustee et al v. Planning Board of Haverhill et al, 19-P-566, 97 Mass. App. Ct. 678 (2020).
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Appeals Court Holds a Land Court Settlement Agreement Doesn’t Bind a Non-Party, Distinguishing Morganelli
Written by Michael J. O'Neill, Esq.In a clear, well-reasoned opinion deciding the case of Stevens, Trustee v. Zoning Board of Appeals of Bourne, No. 19-P-248 (June 19, 2020), the Appeals Court (Green, C.J.) held that a settlement agreement between the Town’s selectmen and a property owner resolving a Land Court action did not bind an abutter who was not party to the litigation.
Supreme Court Rules A Clean Water Act Permit Can Be Required for Groundwater Discharges By Maui County Into Navigable Waters
Written by Olympia A. Bowker, Esq.On April 23, 2020, the United States Supreme Court issued its decision in County of Maui, Hawaii v. Hawaii Wildlife Fund et al., No. 18-260, 590 U.S. __ (April 23, 2020), ruling that the federal Clean Water Act (CWA) may require a permit when a point source discharges pollutants to navigable waters through groundwater. This decision has been eagerly awaited by industry, government, and the bar.
Mcgregor Legere & Stevens is Open for Business and Connected with Clients and Others
Written by Gregor I. McGregor, Esq.McGregor & Legere is fully operational and ready to help you with any and all of your environmental, land use, energy, litigation, and now Covid-19 related governmental matters. Attorneys and staff are hard at work-at-home, in touch and in sync.
Firm's Civil Rights Victory and Jury Verdict Upheld, Now Over $1.5M
Written by Michael J. O'Neill, Esq.We had won a judgment of $433,000 in 2015 in our client’s long-running and ultimately successful case, Scotty Thyng v. City of Quincy et al, Norfolk Superior Court, Civil Action No. 2010-01449. That was after a two-week jury trial for violation of civil rights against five City of Quincy public officials for delaying and blocking our client’s attempts to build a house for more than 10 years. With interest and attorneys’ fees, that judgment came to more than $1.3 million.
Massachusetts Assocation of Conservation Commissions (MACC) Honors McGregor With Long-Time Service Award
Written by Gregor I. McGregor, Esq.At its Annual Environmental Conference (AEC) at Holy Cross College in Worcester on February 29, 2020, attended by 800 people, the Massachusetts Association of Conservation Commissions (MACC) gave our founding partner Gregor McGregor recognition for his long service to environmental law in general, conservation law especially, and wetlands protection law most particularly.
Stockbridge Bowl Case: Where the Law Meets Science in Court
Written by Olympia A. Bowker, Esq.In the case of Stockbridge Bowl Association, Inc. v. Town of Stockbridge Conservation Commission & others (Doc. No. 19-0032, December 3, 2019), the Berkshire County Superior Court reviewed the record behind the Stockbridge Conservation Commission’s Order of Conditions denying a lake management project, found the Commission’s justification based on error and lacking in science, and ordered the Commission to approve the Project.
Attorney Gregor McGregor to Co-Chair the 21st Annual Environmental Law Conference for Massachusetts Attorneys
Written by Gregor I. McGregor, Esq.Attorney Gregor I. McGregor will again will Co-chair the MCLE annual conference on Environmental Law, set for February 6, 2020, with a simulcast that same day and then a recorded podcast February 20. Mr. McGregor and his Co-chair Pamela Harvey, Esq. have led this seminal event for over two decades.
Boston Enacts Wetlands Protection Ordinance to Address Climate Change
Written by Nathaniel Stevens, Esq.On December 23, 2019, the City of Boston joined the almost two-thirds of the Commonwealth’s 351 municipalities in having more stringent requirements for work in and near wetlands, waterbodies, and floodplains. Unlike many of those other municipalities, the explicit purpose of Boston’s wetlands ordinance is to address climate change, through adaptation and building resiliency.
Emissions Offsets from Brayton Point Station Issued by MassDEP
Written by Gregor I. McGregor, Esq.On December 23, 2019, Massachusetts Department of Environmental Protection (MassDEP) announced it has finalized the credits for nitrogen oxides (NOx) and volatile organic compounds (VOC) emissions offsets based on the emissions reductions that resulted from the permanent shut-down of the former Brayton Point Station power plant in Somerset, MA.
Nathaniel Stevens Recognized by the Town of Arlington with its Prestigious Award of Excellence
Written by Nathaniel Stevens, Esq.The Town presented our Senior Associate Nathaniel Stevens with its Award of Excellence "in recognition of 18 years of exemplary leadership and vision as Chair of the Arlington Conservation Commission, protecting wetlands and conservation lands in the Town of Arlington, MA, 2001 - 2019.
Massachusetts Announces Waste Site Clean Up as well as Drinking Water Standards for Six PFAS “Forever” Chemical Compounds
Written by Nathaniel Stevens, Esq.On December 13, 2019, the Massachusetts Department of Environmental Protection (“MassDEP”) announced final as well as proposed regulations to address Per- and Polyfluoroalkyl Substances or “PFAS”, a family of man-made chemicals known as the “forever chemicals” due to their persistence in the environment. Only a handful of other states are regulating PFAS.
Federal District Court Rejects Argument That Discharges To Groundwater Require Permits Under The Clean Water Act
Written by Luke H. Legere, Esq.The federal Clean Water Act (CWA) does not require a permit for the discharge of pollutants to groundwater that is hydrologically connected to navigable waters of the United States. That is the upshot of the federal District Court’s recent ruling upholding the Environmental Protection Agency’s (EPA) interpretation of the CWA as conferring no authority to regulate discharges to groundwater, regardless whether pollutants therein reach navigable waters of the United States. Judge William G. Young determined this to be a “permissible construction” of the statute.
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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