Late last year, pursuant to her review authority under M.G.L. c. 40, § 32, then-Attorney General (now Governor) Maura Healey (the AG) issued a decision disapproving the Town of Carver’s moratoria on large-scale solar projects and battery storage systems. The grounds for the decision were straightforward and well-supported: citing the Supreme Judicial Court’s June, 2022 decision in Tracer Lane II Realty, LLC v. City of Waltham (see our blog post on that important opinion), and case law disfavoring moratoria generally, the AG determined that Carver’s moratoria violated M.G.L. c. 40A, § 3 (Section 3) by unlawfully restricting solar and battery storage systems “with no articulated evidence of an important municipal interest, grounded in protecting the public health, safety, or welfare […] sufficient to outweigh the public need for solar energy systems.” The AG found that instead of promoting the policy behind Section 3, the moratoria “undermined the state policy favoring solar energy” and that the town’s interest
Pierce Atwood’s real estate practice spans all aspects of real estate and land use law. Our clients are owners, buyers, sellers and developers of commercial and residential real estate around New England and across the country. This blog focuses on the legal landscape of Massachusetts – the court decisions, legislation, regulatory changes and policy debates that affect the use and development of land in the Bay State. We hope you’ll find our posts useful and come back often.