Federal preemption under the Interstate Commerce Commission Termination Act (ICCTA) is among the broadest in American law—but it has limits. In Fleury v. Union Pacific Railroad Co., an Illinois federal court tested those limits and held that even the ICCTA’s sweeping regulatory authority does not shield railroads from… READ MORE
A recent decision by the Massachusetts Appeals Court helps to clarify how the Massachusetts Civil Rights Act (“MCRA”) applies at the intersection of land use, the right to seek permits, and agency law. In Haverhill Stem LLC v. Jennings, Case No. 2025-P-1055 (July 13, 2026), the Appeals Court upheld an… READ MORE
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
A&K attorneys Paul Kominers and Mina Makarious write about Barron v. Kolenda and the law of “uncivil” society in this month’s Boston Bar Association‘s Journal. Click here to read. READ MORE
Congratulations to Nina Pickering-Cook and Paul Kominers who co-authored the recent update to the Municipal Law Chapter in the Massachusetts Continuing Legal Education, Inc. (MCLE│New England) Handbook of Legal Research in Massachusetts. Click here for more info. READ MORE