The Massachusetts Endangered Species Act, or MESA, is similar in some respects to the federal ESA, but is definitely its own kettle of (endangered) fish. Indeed, after the decision by the Supreme Judicial Court yesterday in Pepin v. Division of Fisheries and Wildlife, one could almost say that MESA is a blank slate, authorizing DFW to write any regulations it chooses that might arguably benefit species that are endangered,… More
Tag Archives: Massachusetts Endangered Species Act
The Regulators Really Do Hold the Cards in Massachusetts: DFW’s Priority Habitat Regulations Survive a Challenge
Anyone who has ever tried to challenge a regulation in Massachusetts knows that it is an uphill battle. Just how tilted the playing field is was reinforced late last month in the decision in Pepin v. Division of Fisheries and Wildlife, rejecting a challenge to DFW’s “priority habitat” regulations. The case involves the Eastern Box Turtle, perhaps the most common of state-listed species.
As our Massachusetts readers know,… More