Light and heavy industries of all sizes and shapes face environmental issues and problems. These range from satisfying regulations to defending enforcement actions. We deal with the maze of environmental laws and rules at the federal, state and local levels. We dedicate ourselves to taking the mysteries out of these requirements and making the most of our experience and expertise in the origin, purposes, procedures, permits and standards of these environmental laws. By virtue of our long history in the field, we easily recruit the leading experts to assist and we easily relate to agency staff who regulate your industrial operations and projects.
Project sponsors propose subdivisions, shopping centers, industrial parks, condominiums, and single-family homes faster than ever before, often on land once thought undevelopable. Overworked municipal boards and their staff struggle with their important responsibilities and the burden of paperwork. Communities adopt bylaws on zoning, subdivision control, floodplain management, wetlands protection, building moratoria, phased development, environmental studies, water and sewer bans, and impact fees. Neighbors and interested groups utilize public hearings, open meetings, and public records to maximize their participation in decisions.
Mr. McGregor for decades has served on government advisory committees for Massachusetts agency programs during their original creation or substantial revision. We often are invited by agencies to review their ideas for new legislation, proposed regulations, and reform initiatives.
It is not hard to identify the problems with existing environmental dispute resolution mechanisms. Litigation is time-consuming and expensive and quite often does not produce victory even for the successful litigant. Even when the parties to a dispute voluntarily try to work out their differences, stalemate is common. Lack of communication skills, early posturing and hardening of positions, inadequate information on technical matters, unreasonable expectations, and unwillingness to accept less than full victory sometimes prevent agreement.
By virtue of the Massachusetts Environmental Policy Act (MEPA), all agencies, department, boards, commissions, and authorities of the state, as well as a few authorities of political subdivisions (such as local housing authorities and redevelopment authorities that are established by state statue) must prepare, circulate, and consider an Environmental Impact Report (EIR) 60 days prior to undertaking any project which may cause significant damage to the environment.
There are two types of municipalities in Massachusetts: cities and towns. They have primary responsibility for zoning, subdivision control, and other land use controls within their borders. Zoning and subdivision controls provide the basic framework of land use limitations with which developers, industries, and landowners must deal.
A variety of state statutes and real estate tools deal directly or indirectly with preservation or enhancement of open space. We are working for many clients on open space issues and transactions at any given time.
Municipalities, many federal and state agencies and regional authorities may take by eminent domain, purchase or receive gifts of open space. They also may acquire less than fee interests, such as easements, covenants and other restrictions. One type of lesser interest, but very important in land conservation nationwide, is the conservation easement or conservation restriction.
At the local level, boards of health have the primary responsibility for protecting public health in Massachusetts. Under state law, the selectmen act as the board of health, if the town has no other arrangement. G.L.c.41, §1. Selectmen also can be authorized by town meeting to appoint a board of health. G.L.c.41, §121. More often, towns decide to have a separate board of health consisting of three or more elected members. It is not widely appreciate that the board of health may be the most powerful land use control and environmental protection agency in town hall.
This is quite different from typical legal work. The developer interested in minimizing environmental impacts and maximizing chances of success will seek to learn early, before paying the purchase price, whether to purchase property, on what terms, for what purposes, and needing what federal, state, and local zoning, subdivision, and environmental permits. It is one thing for land development to meet the bare minimum requirements.
Septic systems, sewage treatment plants, and sewerage (meaning a system of sewer lines) are of regular concern to municipalities, landowners, developers, investors, and state agencies. We work with such necessities all the time. This means we concern ourselves with our clients’ interests, rights and situations viz many Massachusetts and local agencies, boards and officials.