On December 13, 2024, the Massachusetts Cannabis Control Commission (“Commission”) voted to receive public comments to proposed Social Consumption Establishment Regulations until January 23, 2025, at 5:00 p.m....more
On December 24, 2024, the Executive Office of Housing and Livable Communities (“EOHLC”) extended the public comment period for amendments to 760 CMR 56 (“40B Regulations”) from December 13, 2024 to January 31, 2025 at 5:00...more
In Geezil v. White Cliffs Condo. Four Ass’n, 105 Mass. App. Ct. 103 (2024), the Massachusetts Appeals Court held that an association of condominium unit owners was not responsible for the expense of accommodating an...more
The Executive Office of Housing and Livable Communities (EOHLC) posted its draft of 760 CMR 71:00 “PROTECTED USE ACCESSORY DWELLING UNITS” Regulations for comment in December 2024.
The public comment period for the...more
In Trustees of the Lewis Wharf Condominium Trust v. Yellen et als, U.S. District Court, District of Massachusetts (Boston) 1:24-CV-11679. (“Lewis Wharf”), the plaintiffs sought a declaratory ruling as to whether...more
In July, 2024, the Connecticut Attorney General filed suit alleging that certain solar panel installers had violated the Connecticut Unfair Trade Practices Act (“CUTPA”) by:
- engaging in conduct that violates public...more
Does G.L. c. 40A, § 3, ¶ 4 “impose[] a per se requirement that all sober homes be treated in all circumstances as would single family homes as a matter of law?”
In anticipation of December 2024 oral arguments, the Supreme...more
In its unpublished M.A.C. Rule 23.0 decision affirming the Land Court’s ruling, the Massachusetts Appeals Court concluded in Kearsarge Walpole LLC vs. Zoning Bd. of Appeals of Walpole, Mass. App. Ct., No. 23-P-128 (2024) that...more
Ending four years of litigation in consolidated cases filed by the Nahant Preservation Trust, Inc. (“Nahant”) and Northeastern University (“Northeastern” or “the University”), the Massachusetts Appeals Court determined that...more
On August 6, 2024, Governor Healey signed amending legislation that will allow owners of registered land in Massachusetts to voluntarily withdraw the registered land from the jurisdiction of the Land Court under a long...more
Massachusetts’ achievement of 2025 net zero greenhouse gas (GHG) emissions rests upon rapid electrification of the energy grid and substantial growth in solar electricity generation. As of 2023, nearly a quarter of the...more
Eversource’s launch of its new networked geothermal system pilot project in Framingham has drawn significant interest as Massachusetts’ first gas utility-operated ground source heating and cooling project. Eversource’s...more
After the Trustees of his condominium refused his request for an Architectural Variance to install rooftop solar photovoltaic (SPV) panels on his unit, the owner brought suit in the Land Court seeking a determination that the...more
On April 2, 2024, the Attorney General’s Municipal Law Unit rejected a portion of the Town of Sherborn’s zoning bylaw amendment pertaining to restrictions on battery energy storage systems (“BESS”), but allowed the...more
On December 23, 2023, the Town of Uxbridge entered into an Agreement for Judgment with retail marijuana licensee Caroline’s Cannabis, LLC to refund $1,171,633.60 in excess community impact fees paid to the town, which...more
On January 11, 2024, the Massachusetts Department of Environmental Protection (MassDEP) held virtual stakeholder meetings to receive public comment on the MassDEP’s suggested options for strengthening the ability of the...more
Massachusetts Office of Climate Innovation and Resilience Climate Chief Melissa Hoffer’s must-read report, which was released on October 25, 2023, and issued pursuant to Section 3(b) of Executive Order (“EO”) No. 604 outlines...more
As of November 19, 2023, twenty-nine cities and towns have opted in to the Specialized Energy Code by local legislative action. The towns include Brookline, Cambridge, Somerville, Watertown (effective July 1, 2023); Acton,...more
In its September 19, 2023 letter disapproving the Town of Mansfield’s limitation on battery energy storage systems (“Mansfield letter”), under Warrant Article S15 (Zoning) voted at the Wareham Special Town Meeting of April...more
MassHousing, Boston, Salem and Worcester have introduced novel programs using American Rescue Plan Act (ARPA) funds to create and preserve affordable housing following the U.S. Treasury’s Final Rule on Coronavirus State and...more
9/6/2023
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American Rescue Plan Act of 2021 ,
Final Rules ,
First Time Homebuyers ,
Grants ,
Housing Developers ,
Real Estate Development ,
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Residential Property Owners ,
Right of First Refusal ,
Statutory Deadlines ,
U.S. Treasury
On August 16, 2023, the Cannabis Control Commission posted its draft regulations for 935 C.M.R 501.000: Medical Use of Marijuana and 935 C.M.R 500.000: Adult Use of Marijuana in anticipation of a vote on final regulations at...more
The July 6, 2023, report presented by Synapse Energy Economics, Inc. concludes that “Massachusetts’ technical solar potential is 506 GWAC, 15 to 18 times greater than the amount required by the [Massachusetts Clean Energy and...more
The amendments to M.G.L. c. 94G enacted as Chapter 180 of the Acts of 2022 require that, no later than November 9, 2023, the Cannabis Control Commission (“Commission”) promulgate new regulations for Host Community Agreements...more
In Sackett vs. Envtl. Prot. Agency, U.S., No. 21-454 (May 25, 2023), the U.S. Supreme Court held that the proper test for determining whether wetlands are “waters of the United States” within the meaning of the federal Clean...more
On May 11, 2023, the Massachusetts Energy Facilities Siting Board (“EFSB”) dismissed the Petition of Medway Grid, LLC to construct a 250-megawatt, 500-megawatt hour battery energy storage system (“BESS”) in Medway,...more