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Gambling in the Garden State: The Changing House Rules

Internet Gambling Begins November 26 This past February, New Jersey governor Chris Christie signed a bill legalizing online gambling in the state of New Jersey.  The bill permits the online playing, for money, of any game currently offered at Atlantic City’s twelve casinos, including poker.  The bill includes a 10-year “probationary period”, after which the […]

The Global Warming Solutions Act’s Mandate to Reduce Greenhouse Gas Emissions: A Fool’s Errand?

The Massachusetts Supreme Judicial Court (Massachusetts’ highest court) recently concluded that the Massachusetts Department of Environmental Protection (“DEP”) failed to adequately comply with the Global Warming Solutions Act because it did not adopt regulations that would mandate a 25% reduction in greenhouse gas emissions by 2020.  Kain v. Department of Environmental Protection The Court found […]

An Environmental Closure By Another Name May Not Sound As Sweet

The Massachusetts Department of Environmental Protection promulgated revisions to the Massachusetts Contingency Plan in the spring of last year.  One of the changes made to the clean-up regulations was to change the terms used for the filings made to “close-out” a site from “Response Action Outcome” statements (or RAOs) to Permanent Solutions or Temporary Solutions.  […]

The Future of Our Transportation Infrastructure and the Impact on Real Estate and Economic Development

The arrival of Spring brings to an end one of the most difficult winters in history here in Boston, where we managed to surpass the highest recorded snowfall in history for the 2014-2015 season.  It was also a ridiculously cold winter.  As many know, the snow and cold temperatures have taken a huge toll on […]

The Best Laid Plan of Mice and Friends

How often does this happen?  Two business acquaintances develop a friendship over a number of years.  An opportunity then arises and the two friends decide that they will work together to take advantage of the situation.  They then draft a one paragraph or one page letter which they are sure will be sufficient for all […]

A Watched Pot Boils

Earlier today I blogged about an anticipated upcoming decision from the Massachusetts Supreme Judicial Court which would decide whether a candidate for public office had the right to solicit nomination signatures at a supermarket. The Court previously had held that a candidate could solicit signatures at a large regional mall. The new issue before the […]

Three for the Road

It has long been said of real estate that “They ain’t making any more of it.”  While this may be true, rules governing what you can do with real estate are consistently changing and owners, users and anyone associated with real estate need to continue to keep their eyes and ears open for the latest […]

A Little Bit of Clarity for Hazardous Waste Site Closures

One of the good things about the Massachusetts program for cleaning up hazardous waste sites is the privatized nature of the process, and the fact that a party can get to “closure” without waiting for approval from the state.  However, one problem that occasionally is encountered, especially in explaining the finality of the process to […]

Bankruptcy Codes Sections 363 and 365: Do Leases Survive A Bankruptcy Sale?

A recent decision of the United States Bankruptcy Court for the District of Montana approved a sale of the property pursuant to Section 363 of the Bankruptcy Code, free and clear of existing leases without granting the tenants any right to remain in possession under Section 365(h) of the Bankruptcy Code. Section 363(f) of the […]

FERC Ability to Require Demand Response Thwarted

Most of us pay the same price to turn on the lights no matter what the time of day.  Even if electricity happens to be scarce at that moment, our cost to turn on that light doesn’t change.  But scarce resources cost more, and the high cost of turning on that light at that moment […]