Massachusetts

The Commonwealth of Massachusetts is well-known for lobster, the New England Patriots and the Boston Red Sox. The state falls in the First Federal Circuit Court System. More than 80% of the New England residents live in the greater-Boston metro, making it the most populous and a highly influential city in the state’s history, industry, and academia. Both Harvard and the Massachusetts Institute of Technology (MIT) are in the Boston area and are ranked as two of the top universities nationally and worldwide.

The government of Massachusetts is laid out in the Constitution of the Commonwealth.  The state government, like the federal government, consists of three branches: executive, legislative and judicial. The executive branch is controlled by the governor and consists of over 150 state agencies. The governor also has a cabinet consisting of ten secretaries.  The legislative branch consists of the General Court, broken into two branches the Massachusetts Senate, which has 40 members, and the Massachusetts House of Representatives with has 160 members, and all members in both houses are up for election every two years.  Although a few remain, most county governments were dissolved in the 1990s and 2000s.

The judiciary of Massachusetts consists of the court of last resort, the Superior Court which is the court of last resort.  The Massachusetts District Court, also known as the District Court Department of the Trial Court hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases.  The Land Court has limited subject-matter jurisdiction related to real property. Massachusetts also has a Housing Court, Probate and Family Court, Juvenile Court and Boston’s Municipal Court.

Massachusetts is also known for its liberal legislation. On May 17, 2004 it became the first US state to legalize Same-sex marriage, after a state court determined that exclusion of same-sex couples right to a civil marriage was unconstitutional. On November 8, 2016, the state also legalized marijuana under the Marijuana Legalization Initiative.  Massachusetts has progressive laws related to employment and has passed an Equal Pay Ordinance and the Pregnant Workers Fairness Act, and legal analysis of both pieces of legislation are available on the National Law Review.

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Dec
9
2020
COVID-19 Impacts in Massachusetts: Governor Returns Businesses to Phase 3 Step 1 and State Jury Trials Delayed Until January Beveridge & Diamond PC
Oct
16
2013
Massachusetts Supreme Judicial Court Affirms Validity of Late-Recorded Variance Beveridge & Diamond PC
Feb
9
2015
Environmental Justice in Massachusetts Beveridge & Diamond PC
Aug
6
2015
Massachusetts Issues Guidance on Addressing 1,4 Dioxane Sites Beveridge & Diamond PC
Oct
24
2016
Off to Court We Go: Petitioners Challenge EPA’s Small MS4 General Permit for Massachusetts Beveridge & Diamond PC
Mar
28
2017
Massachusetts Court Mandates Full Payment of 40B Application Fee for Complete Application Beveridge & Diamond PC
Mar
30
2018
Standardizing Assessment of Natural Resource Damages: Massachusetts Is Taking the First Step Beveridge & Diamond PC
Apr
19
2019
Massachusetts Proposes Cleanup Standards for PFAS Beveridge & Diamond PC
Dec
23
2022
Land Court Lacks Jurisdiction over Administrative Licensing Related to Zoning Appeal Beveridge & Diamond PC
Oct
16
2013
An Update on the “New” Site Cleanup Regulations in Massachusetts Beveridge & Diamond PC
Oct
23
2014
More Waste Ban Inspectors = More Violations and Enforcement Actions in Massachusetts Beveridge & Diamond PC
Feb
10
2015
Massachusetts Moves to Require Permits for “Large” Fill Projects Beveridge & Diamond PC
Aug
6
2015
Public Records in Massachusetts: Legislature looks to Improve Access and Top Court Clarifies Attorney-Client and Work-Product Protections Beveridge & Diamond PC
Apr
14
2016
Net Metering 2.0: Big Changes Across New England Beveridge & Diamond PC
Oct
24
2016
Massachusetts Governor Baker Signs Executive Order 569 On Climate Change Beveridge & Diamond PC
Mar
28
2017
Landfill Expansion Project Halted by MassDEP Beveridge & Diamond PC
Jul
3
2020
COVID-19 Impacts in Massachusetts: Entering Phase 3 and Restarting the Clock on State Permitting Beveridge & Diamond PC
Oct
17
2013
Top Massachusetts Court Clarifies Massachusetts Department of Environmental Protection's (MassDEP) Authority to Assess a Penalty Without First Issuing a Notice of Violation Beveridge & Diamond PC
Mar
4
2014
Massachusetts Affordable Housing Law Trumps Municipal Master Plan Beveridge & Diamond PC
Oct
23
2014
Massachusetts Department of Environmental Protection (MassDEP) Explores Suitability of Soil for Use in Reclamation of Quarries, Sand Pits, and Gravel Pits Beveridge & Diamond PC
Feb
10
2015
Massachusetts Court Upholds By Right Reconstruction Of Dimensionally Compliant Nonconforming Use Beveridge & Diamond PC
Apr
17
2015
Troubles for Massachusetts Town’s Wind Turbine Beveridge & Diamond PC
Oct
24
2016
Mass DEP Proposes Changes to Air Program Beveridge & Diamond PC
Mar
28
2017
MassDEP Issues Draft Fact Sheet Guidance on PFAS, a Class of Emerging Contaminants Beveridge & Diamond PC
Nov
12
2020
COVID-19 Impacts in Massachusetts: Massachusetts State and Federal Courthouses Adjust Re-Opening Plans as State Attempts to Manage Rising Case Counts Beveridge & Diamond PC
Oct
17
2013
EPA Issues Draft National Pollutant Discharge Elimination System (NPDES) Stormwater Permit for Industrial Activity Covering Massachusetts and Very Few Other States Beveridge & Diamond PC
Mar
4
2014
Actual Notice, Constructive Notice, and Duty of Inquiry All Critical in Determining Whether Appeal of Building Inspector’s Decision is Timely Says Massachusetts Appeals Court Beveridge & Diamond PC
Sep
15
2014
Boston Colleges Take Brownfields Tax Credit Fight to Court Beveridge & Diamond PC
Feb
10
2015
MEPA Climate Change Adaptation and Resiliency Policy Available for Public Comment: Massachusetts Environmental Policy Act Beveridge & Diamond PC
Apr
17
2015
MassDEP Provided Substantial Discretion to Interpret Legislative Mandate in Global Warming Solutions Act Beveridge & Diamond PC
Oct
24
2016
Federal MS4 Permit: What Massachusetts Academic Institutions Need to Know Beveridge & Diamond PC
Mar
29
2017
Academic Institutions: Do You Still Have a Single-Walled Steel Underground Storage Tank? Beveridge & Diamond PC
May
27
2020
COVID-19 Impacts in Massachusetts: Tolling of Statutes of Limitations Ends June 30 Beveridge & Diamond PC
Jun
24
2020
Massachusetts SMART Program Regulations: More Solar Capacity, Less Land Area Beveridge & Diamond PC
Oct
25
2013
Massachusetts “Tailoring Rule” Adjusts Major Source Permitting But Ignores Expanded Minor Source Permitting for Greenhouse Gases Beveridge & Diamond PC
 

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