ELN Updates

Written by Nathaniel Stevens, Esq. On November 20, 2024, Massachusetts Governor Maura Healey signed the “Act relative to strengthening Massachusetts’ economic leadership.” Also known as the “Mass Leads Act”, this comprehensive economic development bill includes provisions to again extend the life of many types of land use permits issued by municipal, regional, and state government.   As a result of the…

Written by Caroline E. Smith, Esq. Massachusetts recently enacted a new housing statute that makes it easier for homeowners to create accessory dwelling units (ADUs) on their residential properties. These commonly were called “in-law apartments” but the new law allows much more. The new statute is known as the Affordable Homes…

November 26, 2024 An Unprompted D.C. Circuit Holds that CEQ Lacks Authority to Issue NEPA Regulations In a November 12, 2024, opinion, for Marin Audubon Society v. Federal Aviation Administration, No. 23-1067 (D.C. Cir. 2024), the D.C. Circuit Court of Appeals held, of its own initiative, that the White House…

November 20, 2024 New Agreement Reached to Protect Nearly One Million Acres of Eastern Idaho Farmland from Water Rights Curtailment On November 14, 2024, the seven members of the Surface Water Coalition (SWC) and nine Ground Water Districts (GWDs) spanning the Eastern Snake Plain Aquifer (ESPA) finalized the “2024 Stipulated…

On August 1, 2023, Earthjustice filed a petition under Section 21 of the Toxic Substances Control Act (TSCA) asking the U.S. Environmental Protection Agency (EPA) to establish regulations prohibiting the manufacturing, processing, use, and distribution of the chemical N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD) for and in tires. Earthjustice filed the petition on behalf…

Firm senior partner Gregor I. McGregor and firm associate Caroline E. Smith this fall presented our Environmental Law Update 2024 to the Real Estate Bar Association (REBA) and Massachusetts Municipal Lawyers Association (MMLA) at their annual meetings. We were pleased to be invited again to address this year’s significant new…

Lewis, Longman & Walker, P.A. is set to host the Environmental Law Network (“ELN”) Annual Meeting in St. Petersburg, Florida November 7-8, 2024. Representatives from each of ELN’s member law firms meet in person annually to network, attend substantive presentations, explore host cities and participate in an in-person business meeting….

Lack of Consensus Emerges as Courts Apply New WOTUS Rule to Ditches and Canals October 15, 2024The limits to federal jurisdiction over “waters of the United States” (WOTUS) have continued to develop following the Supreme Court’s landmark decision in Sackett v. Environmental Protection Agency, as federal district courts begin to vary…