Public Law


A Supreme Split over Breakfast: What National Pork Producers Could Mean as Massachusetts Law Moves Toward Implementation

by Benjamin A. Goldberger, Marissa Grenon

Introduction  This week, in federal court in Massachusetts, a number of out-of-state pig farmers filed a motion seeking to prevent enforcement of a Massachusetts law, originally enacted by ballot initiative, that prohibits the sale of certain agricultural products produced from animals confined in a “cruel… READ MORE

Town Cannot Demand “Polite” Conduct in Public Meetings. What about Town Meeting?

by Ezra Dunkle-Polier, Mina S. Makarious, Nina L. Pickering-Cook

In a decision that threatens to make local politics more contentious, the SJC unanimously held that municipalities could not require speakers to be civil during public comment sessions. At issue in Barron v. Kolenda, was the Southborough Select Board’s public participation policy that required “that all remarks and dialog in… READ MORE

Police Officer Suspended for Facebook Post Allowed to Sue City

by Austin P. Anderson

At a time when Towns are increasingly wary of potentially inflammatory political statements by their employees, a Massachusetts court has raised a warning flag for Towns considering discipline as a result of those statements.  A Cambridge police officer filed suit against the City, alleging it had violated his constitutional free… READ MORE

Update: Commonwealth Issues Final Housing Choice Guidelines

by Ezra Dunkle-Polier, Mina S. Makarious

On August 10, 2022, the Executive Office of Housing & Economic Development (“EOHED”) and Department of Housing and Community Development (“DHCD”) issued final guidelines for cities and towns to implement Section 3A of the Zoning Act (“Section 3A”) as required under the Governor’s Housing Choice legislation.  DHCD had promulgated… READ MORE

D.C. Circuit Upholds Remote ID Rules for Drones

by Ezra Dunkle-Polier, Mina S. Makarious

On July 29, 2022, the U.S. Court of Appeals for the D.C. Circuit upheld rules set by the Federal Aviation Administration (FAA) requiring drones to have remote identification (Remote ID) technology. In Brennan v. Dickson, the D.C. Circuit rejected constitutional and procedural challenges to the Remote ID Rule (the… READ MORE

Legislative Privilege Recognized in Massachusetts

by Paul Kominers

Under a longstanding doctrine known as legislative immunity, legislators are generally immune from liability for their official acts.  A derivative doctrine, legislative privilege, creates a privilege against giving evidence on official legislative acts.  Recently, in Abuzahra v. City of Cambridge, the Appeals Court formally recognized the legislative privilege in… READ MORE

A Little Notice Goes a Long Way

by Paul Kominers

Any municipality must give notice of hearings on requests for zoning relief.  Defective notice, however, does not necessarily send a municipality back to the drawing board.  In a recent case, Markham v. Pittsfield Cellular Telephone Company, the Appeals Court concluded that regardless of whether Pittsfield had sent abutters notice… READ MORE

Department of Defense Continues Search for PFAS-Free Firefighting Foam

by Mina S. Makarious

Airports are now one step closer to a new, PFAS-free firefighting foam with the Department of Defense’s announcement of a draft specification for an AFFF replacement. Civil airports use aqueous film-forming foam, or AFFF, to extinguish fires fueled by flammable liquids.  The Federal Aviation Administration (FAA) establishes standards for the… READ MORE

Local Treatment of Speech and Religion get High Court’s Attention this Spring

by Austin P. Anderson

Local issues get a national stage this spring as the Supreme Court considers three separate cases examining whether municipal actions complied with local governments’ obligations under the First Amendment to the US Constitution.  Each of the cases will have important implications for local action relating to speech or religion. Sign… READ MORE

Trouble Brewing in Marblehead

by Austin P. Anderson, Paul Kominers

In St. Paul’s Foundation v. Ives, the First Circuit Court of Appeals held that the Town of Marblehead did not violate the Religious Land Use and Institutionalized Persons Act (RLUIPA) when it declined to reinstate a suspended building permit to St. Paul’s Foundation and the Shrine of St. Nicholas… READ MORE