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McGregor & Legere PC McGregor & Legere PC
  • Home
  • Attorney Blog
    • Attorney Blog
    • COVID-19 Guidance
  • About The Firm
    • Our Approach
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    • Our Attorneys
    • Contact Us
  • Areas of Practice
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    • Case List - Stevens
    • Case List - O'Neill
  • Testimonials
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    • Environmental Articles
    • Slideshows/Powerpoints

Reading Room

Environmental Articles

Please enjoy this collection of helpful and informative articles on various aspects of environmental law as written by our esteemed attorneys.

Massachusetts Land Use Permitting Under COVID-19 Rules: Emergency Legislation, Executive Orders, and Court Orders Affecting Environmental and Real Estate Approvals

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This is a full accounting of land use permitting rules which were modified on April 3, 2020 in response to the COVID-19 pandemic. It includes particulars on Legislation, Executive Orders, and Court Orders.

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Buying and Selling Dirty Property

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INTRODUCTION

Those who deal with waste often witness that the discovery of contamination on real estate is the kiss of death for a land acquisition or development project.

The label "hazardous waste" can spook buyers, sellers, banks, investors, landlords, tenants, and brokers. Government agencies which acquire property by purchase, eminent domain, condemnation, tax title, gift, or otherwise, get cold feet when waste is found before the purchase and sale. Developers disappear from the landscape when they see signs of hazardous waste. Business expansions are cancelled for the fear of disturbing past contamination.

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Be Prepared When You Take The Stand

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Every business subject to environmental law and enforcement needs expert witnesses at hearings, administrative or judicial proceedings. A witness qualified as an expert may testify within his sphere of expertise to matters of opinion, based on facts brought to the witness' attention by hearsay or hypothetical questions.

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How To Be Ineffective In Citizen Participation

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This is a report on how to be ineffective in public hearings, public meetings, and many other forums available to have your voice heard and your preferences known.

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Conflict of Interest Law Checklist

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A consise but detailed outline of key points which fall into the realm of legal conflicts of interest.

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Checklist For Agency Inspections

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Companies and others subject to the law regularly treat agency inspections too casually. Environmental enforcement is on the upswing. Government agencies plan to increase inspections, not only for routine compliance but also for gaining information for prosecution. Agency inspectors should, and will, use every lawful means to prosecute violators. At the same time, business and landowners should be aware of their rights and duties regarding inspections.

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Glossary of Environmental Acronyms

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A comprehensive list of acronyms pertaining to the environment which might be encountered in procedural documentation.

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Expedited Permitting is Now Law

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Published at BLR.comThe carefully watched, often criticized, and strongly supported "Act Relative to Streamlining and Expediting the Permitting Process in the Commonwealth," which had surprising momentum behind the scenes, has become Chapter 205 of the Acts of 2006. It enjoyed many important revisions and improvements since first filed. It took effect immediately, August 2, 2006.

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Supreme Judicial Court Refines “Relevant Parcel” for Regulatory Takings

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In the continuing saga of what is a "regulatory taking" of real estate by local environmental rules, the Massachusetts Supreme Judicial Court on November 28, 2006 decided the case of Giovanella v. Conservation Commission of Ashland (SJC-09678). The Court told us how the "relevant parcel" will be determined in "taking" lawsuits under the Constitution, that is, how to define the unit of property on which the impact is to be measured. This allows comparing the value of that property before and after the alleged unconstitutional taking.

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Supreme Judicial Court Upholds Coastal Zoning

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After a full trial, a Massachusetts Superior Court ruled in favor of the Town of Chatham zoning bylaw (on Cape Cod) banning new residential structures in a "coastal conservancy district" up to the 100-year coastal flood. This was upheld by the Massachusetts Appeals Court and recently further upheld in the Supreme Judicial Court in the case of Gove v. Chatham, 444 Mass. 754, 831 N.E.2d 865 (2005).

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More Articles ...

  1. Massachusetts Endangered Species Act 2005 Revised Regulations
  2. School Issues and Emergency Management
  3. Ecosystem Management: An Emerging Field of Legal Practice and Environmental Protection
  4. Strategy for the Responsible Industry
  5. Guidelines for Emergency Managers to Minimize Legal Liability
  6. Environmental Law in the United States

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Environmental Law Articles

  • Be Prepared When You Take The Stand
  • Buying and Selling Dirty Property
  • Checklist For Agency Inspections
  • Conflict of Interest Law Checklist
  • Ecosystem Management: An Emerging Field of Legal Practice and Environmental Protection
  • Environmental Law in the United States
  • Expedited Permitting is Now Law
  • Glossary of Environmental Acronyms
  • Guidelines for Emergency Managers to Minimize Legal Liability
  • How To Be Ineffective In Citizen Participation
  • Massachusetts Endangered Species Act 2005 Revised Regulations
  • Massachusetts Land Use Permitting Under COVID-19 Rules: Emergency Legislation, Executive Orders, and Court Orders Affecting Environmental and Real Estate Approvals
  • School Issues and Emergency Management
  • Strategy for the Responsible Industry
  • Supreme Judicial Court Refines “Relevant Parcel” for Regulatory Takings
  • Supreme Judicial Court Upholds Coastal Zoning

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