Attorney Blog
Nathaniel Stevens Recognized by the Town of Arlington with its Prestigious Award of Excellence
Written by Nathaniel Stevens, Esq. / Published Tuesday, 17 December 2019 10:58The 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. / Published Friday, 13 December 2019 10:36On 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. / Published Thursday, 12 December 2019 16:51The 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.
Municipal Governments Cope with Climate Change Adaptation and Resiliency Using Local Regulations
Written by Nathaniel Stevens, Esq. / Published Monday, 01 April 2019 14:27Coastal as well as inland communities in Massachusetts increasingly are looking to their local wetland permitting laws and regulations as one place to help build climate change resilience.
Appeals Court Overturns $640,000 Jury Verdict for Regulatory Taking
Written by Michael J. O'Neill, Esq. / Published Friday, 22 March 2019 13:44In an important case on an often-raised issue, Smyth v. Conservation Commission of Falmouth, Case No. 17-P-1189, the Massachusetts Appeals Court on February 19, 2019 reversed a Superior Court jury verdict of $640,000.00 on a claim that the Falmouth Wetland Bylaw, as applied, created a “regulatory taking” of plaintiff’s property. This decision has been long-awaited by land use and real estate practitioners.
Court Decision Reminds Us Who Can Enforce The Public Trust Doctrine and Reserved Public Rights in Tidelands
Written by Luke H. Legere, Esq. / Published Monday, 04 February 2019 15:00Only the Commonwealth may enforce public trust rights in Commonwealth tidelands. Property owners lack legal authority to use private litigation for enforcement of public trust rights. That important principle was reinforced in the Massachusetts Appeals Court’s July 10, 2018 decision in the case of Commercial Wharf East Condominium Assoc. v. Boston Boat Basin, LLC, 93 Mass. App. Ct. 523 (2018).
Partner Luke Legere Presents on Article 97 Protection for Public Lands
Written by Luke H. Legere, Esq. / Published Thursday, 13 December 2018 15:31Luke Legere spoke on Article 97 protection for public lands at the 2018 Essex County Open Space Conference hosted by Essex County Greenbelt at the HC Media Studio in Haverhill on December 1, 2018. His co-presenter was Kathleen O'Donnell, who is expert on real estate aspects of ensuring protection for open space. Together they presented the latest on law, policy, politics, practical tips, and recent important court decisions. Law suits are prevalent between residents and municipalities challenging applicability of Article 97, which is important for land trusts, environmental organizations, and municipal officials and boards to know about. Download Mr. Legere's PowerPoint presentation title: Article 97 Protection After Smith v. City of Westfield, from our Slideshow/Powerpoint section in our Reading Room.
Gregor McGregor Co-Chair of Jan 2019 National Environmental Law Seminar at Snowmass, Colorado
Written by Gregor I. McGregor, Esq. / Published Friday, 23 November 2018 16:10Gregor I. McGregor of McGregor & Legere, PC will once again co-chair the 2019 Environmental, Land Use and Energy Law Seminar taking place at Snowmass, CO on January 2-6, 2019 at the National CLE & Ski Conference.
Miramar Beach Dredged Spoils Case: SJC Elaborates Role of Regulatory Performance Standards
Written by Olympia A. Bowker, Esq. / Published Thursday, 04 October 2018 16:44On August 20, 2018 the Supreme Judicial Court issued a decision in Miramar Park Association, Inc. & Others, v. Town of Dennis, considering whether the Town of Dennis violated state environmental regulations by not depositing the spoils from a river-dredging project on a private beach. Yes, it’s as convoluted as it sounds.
Updated Version of "Tips and Techniques for Buying and Selling Dirty Property" to be Presented at the Fall Conference for REBA
Written by Gregor I. McGregor, Esq. / Published Friday, 14 September 2018 15:53The firm's principal, Gregor I. McGregor, has updated his popular article on Buying and Selling Dirty Property, including a new section with example clauses as suggested wording for the many types of real estate contracts.
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Appeals Court Limits Private Enforcement of Waterfront and Tidelands Public Trust Rules
Written by Luke H. Legere, Esq. / Published Tuesday, 07 August 2018 11:14Property owners lack legal authority to use private litigation to enforce their public trust rights. Only the Commonwealth may enforce public trust rights in Commonwealth tidelands and other waterfront areas. That important principle was reinforced in the Massachusetts Appeals Court’s July 10, 2018 decision in the case of Commercial Wharf East Condominium Assoc. v. Boston Boat Basin, LLC, 93 Mass. App. Ct. 523 (2018).
Risky Business: Using Email to Communicate Among State and Local Government Board Members Outside of Meetings
Written by Nathaniel Stevens, Esq. / Published Thursday, 05 April 2018 12:20Many people embrace the state’s Open Meeting Law goal to have deliberations and decisions of local government boards, committees, and commissions open to public view. At the same time, most people have fully incorporated e-mail into their lives as an efficient means of communications. When serving on a conservation commission, planning board, zoning board of appeal, board of health, or other local board, committee or commission, the prolific use of email and laudable public policy can collide.
SJC Ruling Favors Owners on Deadline to Sue for Property Damage by Contamination
Written by Michael J. O'Neill, Esq. / Published Wednesday, 14 March 2018 11:50In the case of Grand Manor Condominium Association v. City of Lowell, the Supreme Judicial Court established with clarity an important rule as to when the statute of limitations begins to run for filing in court a claim for property damage under the Massachusetts Superfund statute, General .Laws, Chapter. 21E, Section 5(a)(iii). The SJC ruled that a claim for such damage due to contamination does not accrue until the plaintiff learns that the damage is not reasonably or feasibly curable.
Tiny Houses Face Zoning and Other Obstacles in Massachusetts
Written by Olympia A. Bowker, Esq. / Published Friday, 09 February 2018 16:23Tiny House fever is sweeping the nation. The public seems to be head over (w)heels for the concept—small yet artistically crafted homes offering the key elements of a house in the space of a traditional garden shed.
Mcgregor Legere & Stevens Client Landowner Wins Million Dollar Land Use Civil Rights Abuse Case
Written by Gregor I. McGregor, Esq. / Published Tuesday, 16 January 2018 14:16We recently concluded a successful court case, captioned “Thyng v. Thomas P. Kelly, individually, et al,” in Norfolk Superior Court. We represented Scotty Thyng, a long-time local landowner in the City of Quincy.
19th Annual Environmental, Land Use & Energy Law Conference at MCLE in Boston
Written by Gregor I. McGregor, Esq. / Published Tuesday, 07 November 2017 15:59Gregor I. McGregor of McGregor & Legere, PC and Pamela D. Harvey will Co-chair the 2018 environmental
law conference for Massachusetts Continuing Legal Education (MCLE) on February 8. The place is
MCLE's Conference Center at 10 Winter Place in Boston near Downtown Crossing and the Common.
McGregor Kickoff Speaker at MCLE's Annual Environmental Law Applied: MCLE BasicsPlus!® Course
Written by Gregor I. McGregor, Esq. / Published Tuesday, 17 October 2017 14:55The Massachusetts legal education institute, known as MCLE, invites Gregor McGregor each year to present at its basic environmental law course his popular Power Point which outlines all state environmental, land use, and energy laws and related litigation. This includes Massachusetts statutes, common law, constitutional provisions, and agency rules.
McGregor to Co-Chair Jan 2018 National Environmental Law Seminar in Colorado
Written by Gregor I. McGregor, Esq. / Published Friday, 13 October 2017 11:00Gregor I. McGregor of McGregor & Legere, PC co-chairs each year the Environmental, Land Use and Energy Law Seminar taking place in Vail, CO on January 3-7, 2018 at the National CLE Conference.
Mcgregor Legere & Stevens Plays Amicus Role in Recent Westfield SJC Ruling on Parkland Protection
Written by Gregor I. McGregor, Esq. / Published Monday, 02 October 2017 15:28In an unequivocal victory for environmentalists and proponents of open space and outdoor recreation, the MA Supreme Judicial Court has ruled that Article 97 protection may be triggered for municipal land without formally recording a deed, conservation restriction, or other instrument in the chain of title. Article 97, enacted by the voters in 1972, is an important element of the state's Public Trust Doctrine protecting public land and water areas.
Mcgregor Legere & Stevens's Update on Massachusetts Environmental Law Presented to MMLA's 2017 Annual Meeting on Cape Cod
Written by Gregor I. McGregor, Esq. / Published Thursday, 14 September 2017 15:12Gregor McGregor and Luke Legere were invited again this year to present to the Massachusetts Municipal Lawyers Association (MMLA) their firm's annual review of environmental law developments for municipal attorneys.
Appeals Court Sets Limit on Wetlands Enforcement and Cautions on Imposing Fines
Written by Nathaniel Stevens, Esq. / Published Thursday, 15 June 2017 14:11A conservation commission may want to enforce the Wetlands Protection Act (hereinafter, the “Act”) and its wetland bylaw or ordinance (hereinafter, “bylaw”) against a project that was built a while ago without commission approval. The impetus might be a tip from a resident or new observation by a commissioner or agent. A recent decision of the Massachusetts Appeals Court provides important guidance and useful reminders.
Understanding Home Rule Wetland Bylaws and Conservation Commission Decision Making
Written by Nathaniel Stevens, Esq. / Published Thursday, 16 February 2017 11:36The Appeals Court in Parkview Electronics Trust, LLC v. Conservation Commission of Winchester, 88 Mass. App. Ct. 833 (2016), reinforced the well-established principle that a local conservation commission can have regulatory authority under a wetlands bylaw or ordinance (hereinafter “bylaw”) that is independent from, and in addition to, its authority under the state Wetlands Protection Act (“Act”).
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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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