Attorney Blog

New Developments in Environmental Law

Appeals Court Limits Private Enforcement of Waterfront and Tidelands Public Trust Rules

Written by / Published Tuesday, 07 August 2018 11:14

Property 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 / Published Thursday, 05 April 2018 12:20

Many 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 / Published Wednesday, 14 March 2018 11:50

In 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 / Published Friday, 09 February 2018 16:23

Tiny 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 / Published Tuesday, 16 January 2018 14:16

We 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 / Published Tuesday, 07 November 2017 15:59

Gregor 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 / Published Tuesday, 17 October 2017 14:55

The 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 / Published Friday, 13 October 2017 11:00

Gregor 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 / Published Monday, 02 October 2017 15:28

In 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 / Published Thursday, 14 September 2017 15:12

Gregor 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.

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