In City of Boston v. Conservation Commission of Quincy, the Supreme Judicial Court held that a superseding order of conditions that DEP issued to the city of Boston preempted the Quincy Conservation Commission’s denial of Boston’s application to reconstruct a bridge to Long Island. As background, the existing bridge to Long Island was closed for safety reasons and the superstructure was removed, but the piers remained. Boston sought to repair and replace the existing piers, c

On June 27, 2022, the Supreme Court held that a school violated its football coach’s First Amendment rights when it suspended and then elected not to renew the coach’s contract after the coach visibly engaged in post-game, on-field, prayers with students. The decision, Kennedy v. Bremerton School District, has considerable implications for school administrators and religious expression in schools. Joseph Kennedy was a football coach in Bremerton, WA, who had established a po

In another case from this year’s term, the Supreme Court struck down New York’s law regulating when individuals may carry firearms in public. The decision, New York State Rifle & Pistol Ass’n v. Bruen, raises concerns about its impact on the Massachusetts firearms licensing scheme. The Court specifically noted that Massachusetts provides discretion to local licensing authorities as to whether to grant a concealed carry license, in part based on whether the applicant has “good

Drought Status is Elevated The Secretary of Energy and Environmental Affairs has updated the statewide drought status designations, elevating the Northeast and Central Regions to critical drought status. The entire state is now experiencing drought conditions.

On Saturday, the Governor signed Ch. 186 of the Acts of 2022. It is in effect immediately as an emergency provision. The following changes are of importance for municipal operations: Remote Meetings Extended – The authority to hold public meetings without providing physical access is extended to March 31, 2023. Adequate, alternative means of public access and participation must be provided. All members of the public body may attend remotely. All votes must be by roll call, re

We are writing to advise our clients on the status of certain COVID-19 related measures under the Open Meeting Law regarding holding remote meetings and remote public access to meetings. Under the most recent legislation, Chapter 22 of the Acts of 2022, these measures expire this Friday, July 15, 2022. While the Senate has passed legislation that would extend the July 15, 2022 expiration to December 15, 2023, the House is still considering competing versions of the legislat