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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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
In addition to extending the provisions pertaining to the expanded patio service of alcoholic beverages and the ability to sell alcoholic beverages for takeaway and delivery, Chapter 2 of the Acts of 2023, signed by Governor...more
By May 22, 2024, Massachusetts Secretary of Energy and Environmental Affairs (“EEA”) must promulgate regulations under the new Public Land Preservation Act (“PLPA”), M.G.L. c. 3, § 5A (a) and (b), created by Chapter 274 of...more
On December 21, 2022, the Massachusetts Department of Revenue’s Division of Local Services (“DLS”) published its revised “FAQs on Classified Forest, Agricultural/Horticultural and Recreational Land G.L. c. 61, 61A and 61B”...more
The Boston Planning and Development Agency (“BPDA”) has adopted a Diversity, Equity and Inclusion Policy (“DEI”) that asks developers of large projects (adding/constructing more than 50,000 square feet), Planned Development...more
In its December 5, 2022 slip opinion for Cummings Properties, LLC v. Darryl C. Hines, No. 21-P-1153, the Massachusetts Appeals Court held that a provision of a commercial lease that accelerated all remaining rent as...more
On October 21, 2022, the Commonwealth of Massachusetts Executive Office of Housing and Economic Development (“EOHED”) updated final guidelines to the Commonwealth’s 175 MBTA communities for compliance with M.G.L. c. 40A, § 3A...more
On August 10, 2022, the Commonwealth of Massachusetts Executive Office of Housing and Economic Development (“EOHED”) issued final guidelines to the Commonwealth’s 175 MBTA communities for compliance with M.G.L. c. 40A, § 3A...more