State Legislation
The East Boston Electrical Substation: Lessons for the Future of Environmental Justice During Massachusetts’ Quest for Zero-Emissions
Massachusetts was an early adopter of environmental justice principles. In 2002, the Commonwealth adopted an Environmental Justice Policy, requiring the Executive Office of Environmental Affairs to make environmental justice “an integral consideration to the extent applicable and allowable by law.” The policy was updated in 2021, after An Act Creating a Next Generation Roadmap for […]
The Future of AI & Healthcare: Providers and Patients Deserve Seats at the Discussions
In February 2024, Governor Maura Healy signed an Executive Order to establish the Artificial Intelligence (AI) Strategic Task Force in Massachusetts. Governor Healy is seeking $100 million in funding, hoping to make Massachusetts “a global leader in Applied AI.” The Task Force will identify potential industry stakeholders and provide recommendations on how Massachusetts can encourage […]
A Legal Tug-of-War between the Massachusetts State Auditor and the Legislature
The Commonwealth of Massachusetts finds itself at a constitutional crossroads as the legal tug-of-war unfolds between the State Auditor and the Legislature. In August 2023, the Massachusetts State Auditor, Diana DiZoglio, sent a letter to Attorney General Andrea Campbell stating she was conducting an audit of both the Massachusetts Senate and House of Representatives (the […]
Evaluating Massachusetts’ Tax Lien Foreclosure Laws Post Tyler v. Hennepin County
Last term, in Tyler v. Hennepin County, the Supreme Court ruled Minnesota’s tax lien foreclosure scheme unconstitutional, in violation of both the Fifth Amendment’s Takings Clause and the Eighth Amendment’s Excessive Fines Clause. Minnesota is one of twelve states, in addition to the District of Columbia, with tax lien foreclosure statutes. Sometimes referred to as […]
Running Out of Room: The Right to Shelter in Massachusetts
On August 8, 2023, Massachusetts Governor Maura Healey declared a state of emergency because state resources were insufficient to comply with the Commonwealth’s right to shelter law. Although the law has been in place for 40 years, a rapid increase in the number of people requesting shelter and the declaration of a state of emergency […]
Massachusetts Broker’s Fees: Reasonable Service or Market Manipulation?
In 2023 Massachusetts established the Executive Office of Housing and Livable Communities with an eye toward creating more housing in the state, which, like many across the country, is suffering a housing shortage. Some estimates suggest that Massachusetts will require between 125,000-200,000 additional housing units by the end of the decade. Various proposals are currently […]
The Push and Pull of Municipal Fossil Fuel Bans in Massachusetts
In 2019, Brookline, Massachusetts became the first municipality outside of California to ban fossil fuels in new construction. The move was part of a growing movement among cities and towns to ban fossil fuel infrastructure, such as hookups for oil or natural gas use, in newly constructed buildings. Fossil fuel bans of this nature typically […]
End the Request: It’s Time for Boston’s Biggest Landowners to Pay Their Fair Share
For the second time, Massachusetts State Representative Erika Uyterhoeven (D-Somerville) filed a bill concerning payments in lieu of taxes to cities and towns. This bill would strengthen and codify a Boston program, which requests payment from certain institutions that do not pay property taxes. It is important that this bill passes during the 2023-24 session […]
Revenge Porn and Deep Fake Technology: The Latest Iteration of Online Abuse
Revenge Porn The rise of the digital age has brought many advancements to our society. But it has also enabled new forms of online harassment and abuse. Revenge porn (otherwise referred to as image-based sexual abuse or nonconsensual pornography) is a type of gender-based abuse in which sexually explicit photos or videos are shared without […]
Accelerated Public Health Modernization in Massachusetts
Amid the ongoing COVID-19 pandemic and national movements for public health modernization, the Massachusetts Legislature tried to strengthen the Commonwealth’s public health during the summer of 2022. The Statewide Accelerated Public Health for Every Community Act (H.5014) (SAPHE 2.0) would have required local boards of health and regional health districts to comply with new minimum […]