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Department of Environmental Protection Public Trust Doctrine

Bowditch & Dewey

Regulation of Massachusetts Municipal Harbor Plans to be Reviewed

Bowditch & Dewey on

In Armstrong v. Sec’y Energy & Envtl. Affairs, SJC-13210 (Mass. July 12, 2022), the Supreme Judicial Court (SJC) invalidated the April 2018 Boston Planning and Development Agency’s Municipal Harbor Plan for the Harbor Garage...more

Pierce Atwood LLP

Public Trust Doctrine – Mass. High Court Finds Municipal Harbor Plan Regulations Involve Unlawful Delegation of DEP Authority

Pierce Atwood LLP on

In this April 2021 blog post we discussed the Superior Court’s decision in Armstrong vs. Theoharides. Since then the Supreme Judicial Court (SJC) took the case on direct appellate review and earlier this week the SJC issued...more

Sullivan & Worcester

Court Strikes Down Use of Municipal Harbor Plans for Tidelands Licensing

Sullivan & Worcester on

In a recent decision in Armstrong v. Secretary of Energy and Environmental Affairs (July 12, 2022), the Massachusetts Supreme Judicial Court (SJC) struck down a key part of the state’s Chapter 91 waterways regulations...more

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