Mina S. Makarious

Public and private clients, including airports, towns, and commercial property owners turn to Mina for his expertise in local government, administrative law, environmental clean-up, and policy.

His areas of emphasis include:

• Representing airports around the country on the negotiation of complex lease transactions with airlines, including airline use and lease agreements and agreements with airline fuel consortia.
• Serving as Town Counsel to the towns of Concord, and Lexington, Massachusetts, and regularly advising these and other towns on governance, procurement, land use, environmental and other matters.
• Serving as counsel to several clients on hazardous waste matters, including CERCLA and the Massachusetts Hazardous Material Release Prevention Act (Chapter 21E). Mina advises clients on environmental due diligence and federal and state regulatory compliance, litigation, and insurance coverage, and works with A&K’s real estate practice in crafting solutions to environmental issues for real estate transactions.
• Drafting legislation based on policy goals and regulatory needs. He worked with the Massachusetts Gaming Commission to draft gaming and sports wagering regulations and revised the Massachusetts Department of Transportation’s Aeronautics regulations. He also works with the Department’s Aeronautics Division on matters regarding the use and regulation of drones.  Mina also has drafted legislation for the Massachusetts Association of Community Development Corporations (MACDC) and the Environmental League of Massachusetts (ELM) on land use matters and diversity and inclusion in offshore wind permitting.

Mina works hard to listen to clients. His solutions not only address legal issues for clients but also provide the legal framework to address business and strategic goals. Mina recently advised a commercial service airport in Massachusetts on the handling of PFAS contamination at the airport. His advice addressed the legal and community needs of the client, including neighborhood relations, creative problem-solving for municipal and airport finance and procurement challenges, and insurance coverage to pay for the legal work.

In addition to representing his clients, Mina has been selected by his peers to serve in the Airports Council International-North America’s (ACI-NA) Legal Affairs Steering Group and is a former co-chair of the Boston Bar Association’s (BBA) Environmental and Energy Section.

• Airports
• Environmental
• Public Law
• Construction

Education

Harvard Law School, J.D. 2009 cum laude
Editor, Harvard Environmental Law Review

Harvard College, B.A. 2006 magna cum laude

Admissions

Massachusetts

U.S. Court of Appeals, First Circuit

U.S. District Court, District of Massachusetts

Languages

Arabic

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

Massachusetts Super Lawyers Rising Stars, 2014-2024

Massachusetts Lawyers Weekly, Excellence in the Law - Up & Coming Lawyer, 2019

Massachusetts Bar Association, Outstanding Young Lawyer Award, 2015

National Law Journal’s Boston Rising Stars, 40 Under 40, 2014

Cambridge Massachusetts Charter Review Committee, Member
United States Court of Appeals for the First Circuit, former Rules Advisory Committee 
Boston Bar Association Environmental Law Section, Chair
Phillips Brooks House Association, Board of Trustees

• Represents several major hub airports, including Cincinnati/Northern Kentucky International Airport, O’Hare International, Charlotte Douglas International, Salt Lake City International, and San Diego International, in negotiating airline use agreements and fuel facility leases.
• Represented a medium-hub airport in negotiations regarding the development of one of the nation’s largest hubs.
• Work for airport clients has also included providing counsel on complex federal regulatory compliance, security, and constitutional law issues and assisting with drafting and submitting an amicus brief on behalf of the ACI-NA on airport security.
• Resolving millions of dollars worth of environmental liability claims associated with historic contamination at a Superfund site.
• Working with members of A&K’s real estate department, obtained several dozen temporary and permanent easement rights for a road improvement project in Lexington, Massachusetts, and a multi-use rail trail bike path project for Concord, Massachusetts, including drafting and negotiating easement agreements and eminent domain takings documents, and working to meet tight grant funding deadlines.
• Represented a startup nonprofit in negotiating lease and construction documents for a youth homeless shelter.
• Assisted the Massachusetts Gaming Commission with governance and startup issues and with drafting regulations regarding public records management and permitting, and served as Special Assistant Attorney General representing the commission in high-profile litigation regarding licensing issues.
• Represented public and private clients in zoning and urban redevelopment litigation under Chapter 121A, including successfully defending a project to support homeless healthcare and housing.

News

• Eighteen Anderson & Kreiger Attorneys Named to Super Lawyers and Rising Stars Lists
• 2025 Honorees for Lawyer of the Year, Best Lawyers & "Ones to Watch" by Best Lawyers in America
• Sixteen Anderson & Kreiger Attorneys Named to Super Lawyers and Rising Stars Lists
• A&K Attorneys Co-author BBA Article
• 15 Anderson & Kreiger Attorneys Named to Super Lawyers and Rising Star Lists
• Three Anderson & Kreiger Lawyers Receive “Lawyer of the Year” Awards from Best Lawyers®; 20 Lawyers Recognized
• 15 Anderson & Kreiger Attorneys Named to Super Lawyers and Rising Star Lists
• 2021 Anderson & Kreiger Pro Bono Highlights
• D.C. Circuit Court Reaffirms the Importance of Airline Competition in the FAA’s enabling Legislation
• Anderson & Kreiger and Lawyers for Civil Rights Secure a Nationwide Injunction Against HUD Less than Two Hours Before New Rule Was Set to Go Into Effect
• 16 Anderson & Kreiger Attorneys Named to Super Lawyers and Rising Star Lists
• Five Anderson & Kreiger LLP Attorneys to Participate in Discovering Justice’s Stand Up for Your Rights Program

Publications

• FAA Issues Plan for Transition to Fluorine-Free Firefighting Foam, ENVIRONMENTAL & LAND USE, May 16, 2023
• Town Cannot Demand "Polite" Conduct in Public Meetings. What about Town Meeting?, PUBLIC LAW, March 21, 2023
• Update: Commonwealth Issues Final Housing Choice Guidelines, PUBLIC LAW, August 25, 2022
• D.C. Circuit Upholds Remote ID Rules for Drones, PUBLIC LAW, August 5, 2022
• Department of Defense Continues Search for PFAS-Free Firefighting Foam, ENVIRONMENTAL & LAND USE, June 21, 2022
• Achieving Net Zero Buildings in Massachusetts, ENVIRONMENTAL & LAND USE, March 1, 2022
• Biden-Harris Administration Proposes NEPA Regulatory Revisions, ENVIRONMENTAL & LAND USE, January 25, 2022
• Federal Court Issues Nationwide Injunction on Biden Administration’s COVID-19 Vaccine Mandate for Federal Contractors, PUBLIC LAW, December 21, 2021
• FAA Announces Additional Aid Available to Airports under ARPA, PUBLIC LAW, June 29, 2021
• Aid for Airports and the Aviation Industry in the 2021 Appropriations Act, PUBLIC LAW, January 3, 2021
• CARES Act Minimum Service Requirements: A Brief Guide for Airports, PUBLIC LAW, April 12, 2020
• What The CARES Act Means for Airports, Airlines, and Other Airport Tenants, PUBLIC LAW, April 3, 2020
• Mina S. Makarious and Paul Kominers Legal Analysis Featured in the 2019 Spring Boston Bar Journal, PUBLIC LAW, June 14, 2019
• FAA Will Continue to Stay Out of the Realm of Regulating UAS Privacy Issues for Now, PUBLIC LAW, July 16, 2018
• Co-author with Paul Kominers, The Relationship Between the Federal Government and Local Government, in Massachusetts Municipal Law (2d ed. Supp. 2022)
• Co-author, “Spaulding v. Town of Natick School Committee: Allowing Free Speech While Accomplishing Municipal”, Boston Bar Journal (Spring 2019).
• Co-author: The Historic Navigability Test: How to Use It to One's Advantage in This Post-Rapanos World, The Environmental Law Reporter, November 2007
• Co-author with Stephen D. Anderson, "Massachusetts Superior Court Civil Practice Jury Instructions," G.L. c. 21 E Claims, MCLE (2016 ed.) (with Hon. P. Brady).

Speaking Engagements

• Anderson & Kreiger’s Mina Makarious to Speak at the National Airports Conference
• Four Anderson & Kreiger Lawyers to Speak at the 2022 Airports Council International North America (ACI-NA) Annual Conference
• Mina Makarious Presents at the Massachusetts Municipal Lawyers Association’s Land Acquisition and Disposition 101 Webinar
• Anderson & Kreiger Attorneys Speak at 2022 ACI-NA Conference Spring Legal Affairs Conference
• Anderson & Kreiger Attorneys Speak at ACI-NA Conference

• Speaker, "Lindke v. Freed and Social Media Use by Municipalities: Applying a New SCOTUS Test for State Action", Strafford Webinars (May 13, 2024)
• Panelist, "Environmental Audits: Airport, Legal and Environmental/Social/Governance (ESG) Perspectives", American Association of Airport Executives (AAAE) National Airports Conference (NAC) (October 2022)
• Panelist, "Environmental, Social and Governance Factors Affecting Airport Financing", Airports Council International-North America (ACI-NA) Annual Conference (September 2022)
• Lecturer, "Senior Executives in State and Local Government", Harvard Kennedy School (June and July 2022)
• Panelist, "Land Acquisition and Disposition 101", Massachusetts Municipal Lawyers Association (MMLA) (May 2022)
• Panelist, "Managing Potential Legal Liability Arising Out of the Use of Per- and Polyfluoroalkyl Substances", Airports Council International-North America (ACI-NA) Legal Affairs Conference (May 2022)
• Panelist, "Climate Change and 21E Sites - How Attorneys Should Prepare", BBA (March 2022)
• Panelist, “Local Government and the Regulation of Speech – How the First Amendment Affects Regulation of Political Signs, Political Speech by Employees, and Government Speech,” Strafford Webinar (April 2020).
• Panelist, “Realities of Doing Business as a Public Entity,” Massachusetts Airport Managers Association (MAMA) (October 2019).
• Panelist, “The Status of Drone Tests and Policies,” Airports Council International-North America (ACI-NA) Spring Legal Affairs Conference (May 2019).
• Panelist, “Legal Issues in Addressing Proposals by 3rd-Party Developers,” Airports Council International-North America (ACI-NA) Annual Conference (September 2018).
• Panelist, “Airport Commissioner’s Roundtable,” Massachusetts Airport Managers Association (MAMA) (September 2018).
• Moderator, panel on environmental issues, Massachusetts Airport Managers Association (MAMA) (September 2018).
• Panelist, “Developing with Drones: Tips & Traps,” BBA (May 2018).
• Panelist, “Airport Fuel Leases,” Airports Council International-North America (ACI-NA) (September 2017).
• Speaker, “Airport Leasing,” Massachusetts Airport Managers Association (MAMA) (September 2017).
• Panelist, “Drones: Municipal Regulation and Use,” Massachusetts Municipal Lawyers Association (MMLA) (September 2016).
• Panelist, “Designation and Use of Public Streets, Sidewalks and Places, 2014,” MMLA seminar, discussed McCullan v. Coakley, a 2014 U.S. Supreme Court case about the rights to free speech and assembly on public sidewalks outside reproductive health clinics.