To respond effectively to climate change, local, state, and federal governments should adopt complementary policies, but that’s much easier said than done. A case in point is the drive to reduce emissions from the building sector, which accounts for nearly
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Appeals Court Divests Conservation Commissions’ Wetlands Jurisdiction After Missed Deadline
On January 26, the Massachusetts Appeals Court issued a decision in Boston Clear Water Company, LLC v. Town of Lynnfield, finding a Conservation Commission lost jurisdiction over a project before its’ review even began. The case reaffirmed the Appeals
Continued Pandemic-Era Flexibility for Town Meetings
Over the weekend, Governor Baker signed a supplemental budget bill funding COVID-19-related items. The bill also addresses several other pandemic-related issues. Of greatest importance to towns are Sections 15 and 26, which give towns continued flexibility to modify their town
New DHCD Guidelines on Multi-Family Districts for MBTA Communities
Long-awaited guidance for municipalities concerning how to comply with new requirements under the Governor’s Housing Choice legislation have finally been issued by the Department of Health and Community Development (“DHCD”). General Laws Chapter 40A, Section 3A(a) (“Section 3A”) requires that
Biden-Harris Administration Proposes NEPA Regulatory Revisions
After nearly 50 years with little change, the National Environmental Policy Act (“NEPA”) regulations are facing their second substantive revisions in less than 12 months.[1] In September 2020, the Trump Administration oversaw a series of regulatory revisions that greatly
Massachusetts Appeals Court Clarifies Sufficiency of Notice of New Exclusions in Renewal Policies
image credit: moolanomyInsurers regularly add new provisions to renewal policies. Many states require insurers to give the insured advance notice of a new exclusion or limitation on coverage added to a renewal policy. Absent adequate notice, the new exclusion
Federal Court Issues Nationwide Injunction on Biden Administration’s COVID-19 Vaccine Mandate for Federal Contractors
On December 7, 2021, United States District Court Judge R. Stan Baker at the Southern District of Georgia granted Plaintiffs’ motion to enjoin the Biden administration “from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts
Federal PFAS Cleanup Regulation on the Horizon
Federal regulators recently picked up the pace in controlling the class of persistent environmental toxins known as PFAS, as the nation’s eyes increasingly focus on this problem. Local governments, airports, and potentially responsible parties should pay particularly close attention to
Alexander Hamilton, Public Records Law Share Top Billing at the First Circuit
The First Circuit recently delved into a mustier corner of the Public Records Law in United States v. Letter from Alexander Hamilton to the Marquis De Lafayette Dated July 21, 1780, shedding some light on how the Public Records
When it Comes to Pot Shops, Local Control Wins
On July 20, 2021, the Supreme Judicial Court confirmed that municipalities enjoy substantial deference in dealing with marijuana retailers applying for Host Community Agreements (“HCA”). In Mederi, Inc. v. City of Salem, the SJC affirmed the dismissal of a