Product Description

Recent updates:

• Update: August 2024

  Dear Subscriber:

  Thank you for updating your reference library with the 2024 edition of Massachusetts Environmental Law. Highlights from the many issues addressed in this revision include

  • the establishment of a cabinet-level climate innovation and resiliency office in Massachusetts;

  • a Supreme Judicial Court ruling that the authority of the Massachusetts Department of Environmental Protection to approve municipal harbor plans could not be delegated to the Office of Coastal Zone Management;

  • Massachusetts' adoption of the Interstate Wildlife Violator Compact;

  • an updated overview of state law on cannabis cultivation;

  • the U.S. Supreme Court's interpretation of "waters of the United States" in the regulation of wetlands under the Clean Water Act;

  • the passage of An Act Preserving Open Space in the Commonwealth (known as the Public Lands Preservation Act), amending the procedures for disposing of or changing the use of land protected under Article 97;

  • numerous developments in the state's regulation of drinking water supplies;

  • guidelines for compliance with the MBTA Communities Act; and

  • a U.S. Supreme Court ruling that the retention of excess home equity value in a tax foreclosure sale violates the Takings Clause of the U.S. Constitution.

  This edition also introduces a new chapter addressing a topic of increasing importance in Massachusetts environmental practice: environmental justice. The chapter provides an overview of the statutes, policies, protocols, and regulations that establish environmental justice requirements, along with the case law and administrative decisions defining the scope of these requirements.

  We trust you will find the 2024 edition of Massachusetts Environmental Law a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 01 expand

Supreme Judicial Court

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A. W. Phinney, III, Esq., Supreme Judicial Court, Commonwealth of Massachusetts
Neal G. Quenzer, Esq., Wilmer Cutler Pickering Hale and Dorr LLP

Chapter 02 expand

Massachusetts Appeals Court

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Barbara Margaret Farrell, Esq., Appeals Court, Commonwealth of Massachusetts

Chapter 03 expand

Allocating the Appellate Caseload

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Judith E. Michelman, Esq., Supreme Judicial Court, Commonwealth of Massachusetts
Neal G. Quenzer, Esq., Wilmer Cutler Pickering Hale and Dorr LLP

Chapter 04 expand

Court of Appeals for the First Circuit

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Judith H. Mizner, Esq., Federal Public Defender Office

Chapter 05 expand

Appellate Divisions of the Massachusetts District Court

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Hon. Mark S. Coven, Quincy District Court, Commonwealth of Massachusetts

Checklist 5.1

- Checklist for Appealing a District Court Decision to the District Court Appellate Division Buy Form

Chapter 06 expand

Preserving Appellate Rights in the Massachusetts Superior Court

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Rebecca Kiley, Esq., Committee for Public Counsel Services
Scott H. Kremer, Esq., Kazarian Law

Checklist 6.1

- Pretrial Preservation of the Right to Appeal in Civil Cases Buy Form

Chapter 07 expand

Preserving Appellate Rights in the Massachusetts District Court

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Hon. Zachary Hillman, District Court Region 5, Commonwealth of Massachusetts

Chapter 08 expand

Analyzing the Decision to Appeal

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Tad Heuer, Esq., Foley Hoag LLP

Chapter 09 expand

Alternative Dispute Resolution in the First Circuit

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Hon. Patrick J. King,

Checklist 9.1

- Checklist for the Settlement Conference Buy Form

Exhibit 9A

- U.S. Court of Appeals for the First Circuit Civil Appeals Management Program Buy Form

Exhibit 9B

- Notice of Mandatory Pre-argument Settlement Conference Buy Form

Chapter 10 expand

Standards of Review

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Alex G. Philipson, Esq., Superior Court, Commonwealth of Massachusetts

Chapter 11 expand

Mechanics of Appeal in the State Courts

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Barbara Margaret Farrell, Esq., Appeals Court, Commonwealth of Massachusetts
Hon. Francis V. Kenneally, District Court Department, Commonwealth of Massachusetts
Hon. Peter Sacks, Appeals Court, Commonwealth of Massachusetts

Chapter 12 expand

Practice Before the U.S. Court of Appeals for the First Circuit

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Judith H. Mizner, Esq., Federal Public Defender Office

Chapter 13 expand

The Appendix and Brief: A Judicial Perspective

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Hon. Gregory I. Massing, Appeals Court, Commonwealth of Massachusetts

Exhibit 13A

- Appeals Court Checklist for Preparation of Brief and Record Appendix Buy Form

Exhibit 13B

- Appeals Court Letter Regarding Rejection of E-Filed Brief or Appendix Buy Form

Chapter 14 expand

The Appellate Brief: A Practitioner’s Perspective

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Dana A. Curhan, Esq., Curhan Law Office

Chapter 15 expand

Special Considerations in Criminal Briefs

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Patricia A. DeJuneas, Esq., Sibbison, DeJuneau & Allen LLP
Patrick Levin, Esq., Committee for Public Counsel Services

Chapter 16 expand

The Attorney General’s Participation in Appeals

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David C. Kravitz, Esq., Office of the Attorney General, Commonwealth of Massachusetts

Exhibit 16A

- Representative Cases in Which the Attorney General Has Filed Briefs as Amicus or Intervenor Buy Form

Chapter 17 expand

Role of the Amicus

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Joanne D'Alcomo, Esq., Jack Mikels & Associates, LLP

Exhibit 17A

- Sample Motion for Leave to File Amicus Brief in First Circuit Buy Form

Exhibit 17B

- Sample Motion for Leave to File Amicus Brief Buy Form

Exhibit 17C

- Sample Motion for Leave to File Amicus Brief in Lower Court (United States District of Massachusetts) Buy Form

Chapter 18 expand

Oral Argument

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Hon. Ariane D. Vuono, Appeals Court, Commonwealth of Massachusetts

Chapter 19 expand

Appellate Disposition

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Catherine S. Lombardo, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC

Chapter 20 expand

Postdecision Practice

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Hon. Joseph M. Ditkoff, Appeals Court, Commonwealth of Massachusetts

Chapter 21 expand

Single Justice Practice in the Supreme Judicial Court

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Maura S. Doyle, Esq., Supreme Judicial Court, Commonwealth of Massachusetts

Chapter 22 expand

Single Justice Practice in the Massachusetts Appeals Court

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Patricia Campbell Malone, Esq., Appeals Court, Commonwealth of Massachusetts
Joseph F. Stanton, Esq., Appeals Court, Commonwealth of Massachusetts

Chapter 23 expand

Single Justice Practice in the Court of Appeals for the First Circuit

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Judith H. Mizner, Esq., Federal Public Defender Office

Appendix

Selected Massachusetts Cases on Standards of Review

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Henry G. Weaver, Jr., Esq.,

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