Massachusetts municipalities have limited authority to restrict the development of solar projects within their borders. Last week, the Supreme Judicial Court affirmed the bounds of those limits in Sunpin Energy Systems, LLC v. Zoning Bd. of Appeals of Petersham, WL 2023321 (July 14, 2026). The Court confirmed that,… READ MORE
On July 9, 2026, Governor Maura Healy signed Budget Bill 5555. The Budget Bill, now known as Chapter 137 of the Acts of 2026, largely addressed the state budget, but also quietly introduced several important and substantive changes to local zoning through amendments to G.L. c. 40A, the… READ MORE
The Massachusetts Department of Energy Resources (DOER) has filed emergency amendments to 225 CMR 21.00, the Clean Peak Energy Standard (CPS). The amendments are effective immediately and materially affect near-term Clean Peak resource compliance obligations and the incentive framework for qualified energy storage systems (QESS). Summary of Amendments… READ MORE
Attorneys at Anderson & Kreiger secured a significant victory for the Town of Hopedale before the U.S. Court of Appeals for the District of Columbia Circuit in a case addressing the intersection of federal rail regulation and state property law. In Grafton & Upton Railroad Company… READ MORE
Anderson & Kreiger LLP recently filed an amicus curiae brief in the U.S. Supreme Court on behalf of pro bono clients Dr. Naomi Oreskes and Dr. Alexander A. Kaurov, two leading researchers on scientific integrity and public trust in science. The brief was submitted in Monsanto Company v. READ MORE
Noise compliance has long been a significant, and sometimes unexpected, challenge for renewable energy developers in Massachusetts. Projects in rural areas, where nighttime conditions can be extremely quiet, often face particularly stringent noise limits. For developers planning Battery Energy Storage Systems (BESS) and other clean energy infrastructure, meeting… READ MORE
In a decision this summer, the Massachusetts Appeals Court again reminded towns that their permitting authority is quite constrained by state law when it comes to solar arrays. Sunpin Energy Services, LLC v. Zoning Board of Appeals of Petersham, WL 1887337 (July 9, 2025). The Court clarified that a Zoning… READ MORE
In an effort to speed environmental review for housing projects, the Massachusetts Environmental Policy Act (“MEPA”) Office has proposed amending its regulations to reduce the scope of review for certain qualifying projects. MEPA review is required for any project which requires action by a state agency (including a state permit… READ MORE
A&K Partner Nina Pickering-Cook and Associate Marissa Grenon Gutierrez secured a key victory for client New Leaf Energy (“New Leaf”) in a landmark win for renewable energy development. In a case of first impression, Land Court Judge Lauren Reznick ruled on summary judgment that standalone battery energy storage facilities are… READ MORE
On March 4, 2025, the Supreme Court of the United States issued a decision limiting the types of conditions EPA can include in individual Clean Water Act (“CWA”) permits. In San Francisco v. EPA, 604 U.S. ____ (2025), the 5-4 majority held that the CWA “does not authorize EPA to… READ MORE