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New Developments in Environmental Law

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.

Only 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).

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