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

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...
        Blog

        Hurry Up and Wait

        This is the third in a series of Verrill blog posts on Maine’s packaging extended producer responsibility (“EPR”) law[1]. In July we reported...
        Media Mentions

        Robert Keach Discusses First Brands Chapter 11 Case in Law360

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the rejection of First Brands Group's Chapter 11 plan and the...
        Media Mentions

        Cybersecurity and AI Governance: Scott Anderson Featured in Massachusetts Lawyers Weekly

        Verrill Managing Partner Scott Anderson was recently featured in Massachusetts Lawyers Weekly discussing how law firms can build attorney buy-in for...
        Blog

        Section 530A Account Update: ERISA Status of Trump Accounts

        The Department of Labor has issued important guidance addressing whether employer programs that permit contributions to Section 530A accounts (and...
        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...