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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).

An open-ended waiver of the state Wetlands Protection Act's twenty-one (21) day deadline for issuing a decision after the close of a public hearing is invalid when required as part of a Notice of Intent application package.

Published in Wetlands Protection

The stated purpose of the MassDEP Regulatory Reform Initiative is to streamline the permitting process and maintain MassDEP's high standards of environmental protection. Following a review over two years, all MassDEP Bureaus changes to take effect soon, if not already.

Published in Environmental Law

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