ENVIRONMENTAL AND LAND USE PERMITTING AND LITIGATION

Rose Law Partners LLP’s experienced land use and real estate permitting and litigation attorneys represent and support developers, property owners, municipalities, and other project proponents at any stage of a project’s lifecycle, from conceptual design and its permitting consequences through, if necessary, litigation and appeals.

Rose Law Partners is an experienced litigation firm, and it has successfully defended and supported developers and other project proponents against abutter and other permitting appeals before administrative agencies and in court. Rose Law Partners also supports its clients with expertise in underlying environmental and land use permitting regulations and processes, so that projects can incorporate best practices and avoid future challenges.

WETLANDS PERMITTING AND LITIGATION

We bring a diverse experience of having worked with both project proponents and local conservation commissions and can support clients understand, incorporate, and navigate wetlands permitting and appeals, involving both local wetlands ordinances and bylaws and the State Wetlands Protection Act. Our firm’s wetlands permitting and litigation attorneys have drafted regulations for the Commonwealth’s largest municipality, appeared on behalf of project proponents before local conservation commissions, and successfully defended wetlands permits before the Massachusetts Department of Environmental Protection and in court.

WATERWAYS PERMITTING

Projects on the coast and near other waterways in Massachusetts may require licenses under Massachusetts General Laws chapter 91. Certain transportation projects over or near coastal waterways may also need permits from the United States Coast Guard and the Army Corps of Engineers. Rose Law Partners LLP can support project proponents understand these requirements and processes, counsel project proponents on whether they apply, and support project proponents as they navigate these processes.

MEPA ENVIRONMENTAL IMPACT REVIEW AND LITIGATION

Rose Law Partners has stayed on top of the evolving and changing MEPA review requirements, which now incorporate important environmental justice outreach protocols and considerations and climate change resilience requirements. Rose Law Partners will support project proponents through MEPA review, interface with MEPA’s environmental analysts, and, if necessary, aggressively defend MEPA determinations.

HISTORIC PRESERVATION

Massachusetts has robust historic preservation laws: Massachusetts General Laws chapter 40C and the various special acts creating architectural and historic districts and commissions in Boston, including the Boston Landmarks Commission, Beacon Hill Architectural Commission, and the Back Bay Architectural Commission. Furthermore, certain projects receiving federal funds or permits may need to undergo review and consultation under the National Historic Preservation Act. Rose Law Partners LLP has successfully supported project proponents in navigating historic preservation permitting and consultation requirements at the local, state, and federal level.

ZONING AND LOCAL LAND USE PERMITTING AND LITIGATION

Sometimes other permitting lawyers do the bare minimum and focus only on getting the local approval and moving on. Too often, this leads to mistakes in the community engagement and application process or a thin administrative record before your local zoning or planning board. At Rose Law Partners, we look at the big picture. While our focus in supporting your project through permitting and zoning is to avoid appeals, we will work with our clients and local boards and commissions to ensure that the administrative record strongly supports project approval and that the project is set up for success in the event of any judicial appeals.

If you are a project proponent or property owner with questions on environmental or other permitting issues or if you are a municipal board or commission in need of outside counsel to defend local decisions or support your regulatory drafting efforts, please contact our environmental and land use attorneys at (617) 712-0230.