The Massachusetts Supreme Judicial Court (SJC) decided a case this week clarifying the limitation on a municipality’s ability to regulate wetlands and waterway construction more stringently than would the Department
Continue Reading Local Preemption and Wetlands in Massachusetts: An Update
In a much anticipated and closely watched case, global law firm Greenberg Traurig, LLP, led by Boston office attorneys John F. (Jay) Farraher, Jr., David C. Fixler,
Continue Reading Greenberg Traurig Secures Massachusetts Supreme Judicial Court Victory in Solar Facility Development Dispute
In 2018 I commented on this blog about an opinion of the Massachusetts Supreme Judicial Court concerning a claim by the developer of a condominium development against the City of
Continue Reading UPDATE: Property Damage Claims Even After Cleanup Under Massachusetts General Laws Chap. 21E
The Massachusetts Appeals Court (the intermediate appellate court) has decided two cases this month addressing when a local conservation commission can impose conditions on development that affects wetlands in addition
Continue Reading Local Preemption and Wetlands in Massachusetts
Massachusetts’ highest court decided a water rights case on March 11. Town of Concord v. Water Dep’t of Littleton, SJC-12947 (Mass. Mar. 11, 2021). These things don’t happen very
Continue Reading Massachusetts Water Rights Act in the Supreme Judicial Court
The Massachusetts Supreme Judicial Court (the court of last resort in the Commonwealth) issued a decision in a land use case today of potential concern for environmental practitioners. It raises
Continue Reading Can a Settlement with the Regulator Protect You from Your Neighbors in Massachusetts?
Does compliance with environmental regulations suffice to prove that an operation is safe? Maybe not, for purposes of land use approvals in Massachusetts.
Last week, the Massachusetts Appeals Court decided
Continue Reading Environmental Compliance and Land Use “Special Permits” in Massachusetts
From David G. Mandelbaum, a member of the Massachusetts Bar:
As is familiar, section 121(e)(1) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9621(e)(1), exempts
Continue Reading Enforcing the CERCLA Permit Bar . . . in State Court
Section 5(a)(iii) of the Massachusetts Oil and Hazardous Material Release Prevention and Response Act (“Chapter 21E”) makes persons liable to clean up releases of oil or hazardous material
Continue Reading Mass SJC Reiterates that Property Damage Liability under Mass. G.L. Chap 21E is Residual to Cleanup Liability
The Massachusetts Department of Environmental Protection (MassDEP) recently released draft regulations for public comment which aim to further reduce greenhouse gas (GHG) emissions from various industry sectors in Massachusetts, including
Continue Reading Massachusetts Releases Draft Regulations to Further Reduce GHG Emissions