Kevin D. Batt

Massachusetts cities and towns, as well as higher education clients, turn to Kevin for his expertise as municipal counsel focusing on renewable energy initiatives, land use, construction, and environmental matters. Kevin combines more than 20 years of experience in these areas with extensive in-house experience from years of developing and implementing energy and environmental programs as a conservation manager for the city of Austin, Texas.

Kevin’s areas of emphasis include:

• Renewable Energy: Kevin has helped towns, school districts, housing authorities, airports, and universities site renewable energy projects to power buildings and schools. He also helps municipalities and school districts procure and negotiate power purchase agreements and land leases to site solar photovoltaic systems on municipal property.
• Land Use: Kevin briefed the Massachusetts Supreme Judicial Court and Appeals Court on novel legal issues such as beach access rights under the common law public trust doctrine.
• Construction: Kevin advised the Puerto Rican government on construction litigation involving a major mass transit system in San Juan.
• Environmental: Kevin represents the towns of Acton, Concord, Dover, Lexington, and Winchester, Massachusetts, in general municipal, land use, environmental, and construction matters.

Kevin has also advocated on behalf of municipalities during legislative reform initiatives to revise the Open Meeting Law (OML) and Public Records Law and has made numerous public presentations on the new laws.

• Construction
• Public Law
• Environmental

Education

Boston University, J.D. 1996 summa cum laude
Editor, Boston University Law Review

The University of Texas at Austin, M.A. 1977

Yale University, B.A. 1971 cum laude

Admissions

Massachusetts

U.S. Court of Appeals, First Circuit

U.S. District Court, District of Massachusetts

Clerkship

Honorable Margaret H. Marshall, Massachusetts Supreme Judicial Court (1997-1998 term)

The Best Lawyers in America©, Environmental Law, 2021-2023

The Best Lawyers in America©, Municipal Law, 2022-2023

Massachusetts Municipal Lawyers Association (MMLA - formerly City Solicitors and Town Counsel Association), former Executive Board Member

Multicultural Education, Training & Advocacy (META), Board Member

• Represents the Towns of Acton, Concord, Dover, Lexington and Winchester in general municipal, land use, environmental and construction matters.
• Represented the Town of Barnstable, Massachusetts and the Martha's Vineyard Airport Commission in airport-related litigation.
• Helps municipalities and school districts procure and negotiate power purchase agreements and land leases to site solar photovoltaic systems on municipal property.
• Advised the Puerto Rican government on construction litigation involving a major mass transit system in San Juan
• Briefed the Massachusetts Supreme Judicial Court and Appeals Court on novel legal issues: beach-access rights under the common law public trust doctrine, Boston's taxi license regulation, and same-sex marriage.

Publications

Chapter 7, Municipal Law, 2012 MCLE Supplement, Handbook of Legal Research in Massachusetts (2015), co-authored with Nina Pickering-Cook.

Speaking Engagements

Renewable Energy Presentations

• Municipal Hosts of Renewable Energy Projects, Massachusetts Municipal Lawyers Association (MMLA), (September 2013).
• Powering and Sustaining Your Campus (November 2012).
• Renewable Energy Opportunities for Schools and Campuses (April 2012).
• Solar Energy Opportunities for Municipalities and Large Landowners, Boston Bar Association (June 2010).
• New Incentives for Solar Development in Massachusetts, Law Seminars International (April 2010).

General Municipal Presentations

• 41st MMA Annual Meeting & Trade Show, Transparency Basics: Open Meetings and Public Records Workshop (January 25, 2020)
• 16th Annual Municipal Law Conference 2018; Open Government: OML & PRL (March 7, 2018)
• Public Records Law, Mass Continuing Legal Education (MCLE) (May 3, 2017)
• Understanding Municipal Responsibilities under the New Public Records Law, Mass Municipal Association, (MMA) (January 21, 2017)
• The New Public Record Law, Mass Municipal Managers Association (MMMA) (November 17, 2016)
• In Depth Look at the Public Records Requirements, Mass Municipal Personnel Association (MMPA) (October 22, 2016)
• Legislative Update, Mass Association of Assessing Officers (MAAO) (October 20, 2016)
• Opening the Books on the New Public Records, College of the Holy Cross (September 23, 2016)
• New Law Changes to the Public Records Law – Preparing Local Officials and Implementing Responsive Policies and Best Practices, Mass Municipal Lawyers Association (MMLA) (September 16, 2016)
• Update on Recent Changes to Public Records Law, Pioneer Valley Planning Commission (July 20, 2016)
• Open Government Update -- Public Records Law, Open Meeting Law, Mass Continuing Legal Education (MCLE) Municipal Law Conference (March 16, 2016).
• Getting Ready for the New Public Records Law, Massachusetts Municipal Association (MMA) annual conference (January 23, 2016).
• Does the First Amendment Permit Libraries to Exclude Religious Services from Meeting Rooms? MCLE Municipal Law Conference (March 2014).
• Lessons Learned in Lexington, Massachusetts from the Boston Marathon Bombing (October 18, 2013).
• Open Meeting Law Update, MMA (January 2014, January 2013).

Testimony at Massachusetts Legislature

• An Act Building the Future of the Commonwealth: Hearing on H2420 and Before other zoning reform legislation before the Joint Committee on Municipalities and Regional Government, the 190^th General Court of the Commonwealth of Mass. (May 2, 2017)
• Public Records Access Regulations: Hearing Before the Supervisor of Public Records, 950 CMR 32.00, Secretary of the Commonwealth of Massachusetts (October 6, 2016)
• An Act to Improve Public Records and an Act Improving the Administration and Enforcement of Public Records, Hearing on H.3858 and S.2127 Before the Conference Committee on Public Records Law Legislation, the 189^th General Court of the Commonwealth of Massachusetts (March 23, 2016)
• An Act to Improve Public Records: Hearing Before Joint Committee on State Administration and Regulatory Oversight on H3858 and S2127, 189^th General Court of the Commonwealth of Massachusetts (May 26, 2015)