• Massachusetts Supreme Judicial Court invalidates agency guidelines for non-compliance with Administrative Procedures Act.
  • Strict adherence to state administrative procedures is crucial for enforceable regulations.
  • Negotiated rulemaking (“Reg-Neg”) offers potential benefits beyond minimum compliance requirements.
  • Agencies should consider balancing speed, compliance, and stakeholder engagement in the regulatory rulemaking process.

On Jan. 8, 2025, in Attorney General v. Town of Milton, SJC-13580, the Massachusetts Supreme Judicial Court (SJC) refused to enforce certain “guidelines” promulgated by the Massachusetts Executive Office of Housing and Livable Communities (HLC), which the MBTA Communities Act explicitly called for.

Click here to read the full GT Advisory.

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Photo of David G. Thomas David G. Thomas

David advises on individual and corporate disputes during the entire dispute-resolution life cycle, including through strategic negotiation, mediation, other forms of alternative dispute resolution, and adjudication through trial when needed or required. David has experience with many subject matters, including unfair or deceptive…

David advises on individual and corporate disputes during the entire dispute-resolution life cycle, including through strategic negotiation, mediation, other forms of alternative dispute resolution, and adjudication through trial when needed or required. David has experience with many subject matters, including unfair or deceptive business practices disputes in individual and putative class action settings, including under Massachusetts General Laws Chapter 93A—the Massachusetts Consumer Protection Act. Boston magazine selected David as a “Top Lawyer—Class Action” in 2022 and 2023. Also, David works with clients on avoiding disputes proactively by identifying and ameliorating existing or potential dispute risks in business policies and practices.

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Photo of Robert C. Ross Robert C. Ross

Robert “Bob” Ross advises businesses and other organizations in a wide range of complex regulatory, governance, and transactional matters. He assists both established and emerging businesses and nonprofits looking to do business in Massachusetts, especially those in highly regulated areas, such as life…

Robert “Bob” Ross advises businesses and other organizations in a wide range of complex regulatory, governance, and transactional matters. He assists both established and emerging businesses and nonprofits looking to do business in Massachusetts, especially those in highly regulated areas, such as life sciences and energy.

Bob has over 20 years of experience advising senior government leaders in a variety of state government roles in the Commonwealth of Massachusetts. Most recently, he served as chief legal counsel in the office of Massachusetts Governor Charles Baker. In this role, he oversaw a team of in-house attorneys and advised the governor’s office and state agencies on myriad issues, including the Commonwealth’s COVID-19 pandemic response. He also oversaw litigation and approved settlements on behalf of the Commonwealth. In his previous role as general counsel in the Executive Office for Administration and Finance, Bob was deeply involved in the preparation of five annual state budgets.

As assistant attorney general and chief of the Massachusetts Business and Labor Bureau, he supervised the regulation and enforcement of various laws governing a wide variety of businesses in Massachusetts. Bob’s other state governmental roles have included chief policy advisor for the Office of the Senate President, counsel and budget director for the Committee on Ways and Means, and counsel for the Division of Insurance, State Rating Bureau. Bob started his career as a litigation associate at a national law firm. Bob obtained his J.D. from Northwestern Pritzker School of Law and his B.A. from College of William and Mary.

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