Environmental and Energy Law Update
        A blog from the attorneys of Verrill

        Implications of Supreme Court Affirmative Action Ruling on Massachusetts Environmental Justice Law and Policy

        by Thomas A. Mackie on July 20, 2023

        Not everyone would make a connection between the recent Supreme Court affirmative action decision on college admissions and the Massachusetts environmental permitting process. Although it may seem attenuated, for environmental and land use attorneys, we see a link. For example, concerned about the potential for legal challenges to its proposal to direct hundreds of millions of dollars in federal environmental funding to minority communities, in 2022, the White House excluded any mention of race from its Climate and Environmental Justice Screening Tool. Commentators are prognosticating further rollbacks on the emphasis on race in federal and state environmental justice programs. What, if anything, this means for future Massachusetts policy remains to be seen.

        Massachusetts law and policy explicitly contain race-based considerations in permitting new projects and allocating environmental benefits and burdens among communities of differing races, ethnicities, English language proficiency, and income levels. In brief summary, under the Massachusetts Environmental Justice Policy, the level of governmental scrutiny of environmental and public health impacts during permitting of projects depends upon the project’s proximity to low-income, non-English speaking, or minority populations. The Commonwealth also proposes to include these same considerations in its allocation of environmental benefits, such as funding for brownfield projects.

        In Students for Fair Admissions v. UNC and Students for Fair Admissions v. Harvard, the Supreme Court declared unconstitutional college admissions programs that consider the applicant’s race. Commentators view Students for Fair Admissions more broadly as the Supreme Court’s shift to the right, away from endorsing affirmative action in other government programs. Most believe that the decision will complicate race-based environmental justice programs. We can see a day when some frustrated developer will bring such a challenge and test the limits of the application of race, national origin, or ethnicity in environmental permitting decisions.

        It will be interesting to see how these considerations play out in the courts and at the legislative and agency levels across the nation. As of today, we have not seen or heard anything from Massachusetts regulators, the regulated community, or the local not-for-profit organizations which take policy positions on these types of issues. But stay tuned as we continue to track and keep you informed about these interesting corners of environmental law.

        Environmental and Energy Law Update

        The Environmental and Energy Law Update blog provides an analysis and discussion of the most critical and timely legal issues and announcements in the environmental, natural resource, and energy sectors.

        Key Contact

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...
        Blog

        Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)

        For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...
        Alerts and Newsletters

        DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters

        On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...
        Alerts and Newsletters

        DOJ Announces Minnesota Health Care Fraud Takedown; Signals Intensified Medicaid Enforcement Nationwide

        On May 21, the Department of Justice (“DOJ”) announced a first-of-its kind Minnesota Health Care Fraud Takedown charging 15 defendants, including...
        Media Mentions

        Lauren Galvin Quoted in Massachusetts Lawyers Weekly on Arbitration and Anti-SLAPP Protections

        Verrill Partner Lauren Galvin was recently featured in a Massachusetts Lawyers Weekly article highlighting a notable Superior Court decision...
        Blog

        Section 530A Accounts: What Employers Should Consider Before Offering Contributions to “Trump” Accounts

        Section 530A accounts, commonly referred to as Trump accounts, have attracted attention since the enactment of the One Big Beautiful Bill Act in...
        Blog

        Navigating PBM Reform: Regulatory Changes, Market Shifts, and Practical Guidance for ERISA Fiduciaries

        Pharmacy Benefit Manager (“PBM”) arrangements have long relied on rebates with limited transparency into true drug costs. Recent regulatory and...
        Blog

        DOL’s Proposed Regulation on Selecting Alternative Investments: Broad Implications for 401(k) and 403(b) Plan Fiduciaries

        On March 30, 2026, the Department of Labor issued a proposed regulation purporting to implement an executive order to expand access to “alternative...
        Press Releases

        Verrill Welcomes Private Clients & Fiduciary Services Attorney Gracie Castle

        BOSTON, Massachusetts – Verrill is pleased to welcome Gracie Castle to the firm’s Private Clients & Fiduciary Services Group as an Associate,...
        Published Works

        Francesco De Vito Authors Article in the Journal of the American College of Mortgage Attorneys

        Verrill Partner Frank De Vito authored an article featured in the Spring 2026 issue of The Abstract, the journal of the American College of Mortgage...