Attorney Blog
Federal District Court Rejects Argument That Discharges To Groundwater Require Permits Under The Clean Water Act
Written by Luke H. Legere, Esq.The 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.Coastal 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.In 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.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).
Partner Luke Legere Presents on Article 97 Protection for Public Lands
Written by Luke H. Legere, Esq.Luke 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.Gregor 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.On 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.The 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.
Appeals Court Limits Private Enforcement of Waterfront and Tidelands Public Trust Rules
Written by Luke H. Legere, Esq.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 Nathaniel Stevens, Esq.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.
More...
SJC Ruling Favors Owners on Deadline to Sue for Property Damage by Contamination
Written by Michael J. O'Neill, Esq.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 Olympia A. Bowker, Esq.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 Gregor I. McGregor, Esq.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 Gregor I. McGregor, Esq.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 Gregor I. McGregor, Esq.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 Gregor I. McGregor, Esq.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 Gregor I. McGregor, Esq.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 Gregor I. McGregor, Esq.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.
Appeals Court Sets Limit on Wetlands Enforcement and Cautions on Imposing Fines
Written by Nathaniel Stevens, Esq.A 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.The 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”).
Mcgregor Legere & Stevens Proudly Represents the Friends of the Prouty Garden
Written by Gregor I. McGregor, Esq.Boston Children’s Hospital (BCH) has had a world-class healing garden. It was built and endowed over 60 years ago by popular author Olive Higgins Prouty of Brookline, MA in memory of her two daughters who died in childhood.
McGregor co-chairs National Environmental Law, Land Use, Energy and Litigation Seminar January 2017
Written by Gregor I. McGregor, Esq.An annual National CLE Conference hosted by the Colorado Bar Association CLE program brings together hundreds of attorneys from all over the US for current developments and professional networking. Mr. McGregor has presented and co-chaired the environmental law seminar at the conference, most recently January 8-10, 2017 at Aspen Snowmass.
Attorney Blog Categories
COVID-19 Guidance
-
Calculate When Your Permits Expire If Issued Before or During the Covid Emergency: 462 Extra Days?
-
What the Lifting of the COVID-19 State of Emergency in Massachusetts Will Mean for Boards and Commissions
-
Legislature Revises Local and Regional Permitting Deadlines as COVID-19 Pandemic Continues
-
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
Across the spectrum of environmental law we offer advice and representation
with practical, results-oriented lawyering.