The state’s highest court has affirmed the Legislature’s power to force towns to adopt denser, transit-friendly zoning. In 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (G. L. c. 40A, § 3A)...more
1/16/2025
/ Administrative Procedure Act ,
Affordable Housing ,
Constitutional Challenges ,
Enforcement ,
Government Agencies ,
Housing Developers ,
Infrastructure ,
Public Transit ,
Real Estate Development ,
Regulatory Authority ,
State and Local Government ,
Urban Planning & Development
As our understanding of the environment and anthropogenic impact grows, protection efforts increasingly spawn regulation. Media coverage of perceived harms to health and the environment and well-funded advocacy by...more
Town Meetings across Massachusetts are voting on zoning bylaws that would encourage multi-family housing. According to Section 3A of the Zoning Act, passed in 2021, 177 cities and towns near MBTA transit must ensure that...more
Last month, the Massachusetts Department of Environmental Protection (MassDEP) extended the comment period for amendments it proposed in December 2023 to the Massachusetts Waterways Regulation, 310 CMR 9.00. Peter Vetere...more
The 9th Circuit Court of Appeals’ refusal to rehear a pivotal gas appliance regulation decision has thrown a wrench into local efforts to reduce fossil fuel use....more
On September 26, in time for the most bat-friendly month of the year (Halloween, here we come!), President Biden vetoed a bill that would have lessened protections for the northern long-eared bat (NLEB). The bat’s population...more
As we have been reporting in this blog, regulators are increasing their focus on the latest group of “forever chemicals.” This month, the U.S. Environmental Protection Agency (“EPA”) published a final rule requiring...more
After Held v. Montana was decided, and I read Peter Vetere’s blog post, I’ve been thinking about the Massachusetts Constitution. Would Massachusetts’ youth have similar success arguing for a guaranteed safe, clean...more
New rules issued by MassDEP offer Cape Codders a choice for controlling nitrogen pollution. The problem is well-understood. When too much discharged nitrogen reaches coastal waters, excess plant and algae growth replaces...more
The Massachusetts Department of Environmental Protection (MassDEP) is gearing up for a massive regulatory effort aimed at reducing greenhouse gas emissions from the residential heating sector and the commercial and industrial...more
As Town Meeting season approaches for many towns across Massachusetts, citizens will vote on zoning articles that seek to address the affordable housing crisis. The Boston Globe cited the high cost of housing as one reason...more