Now Reading
New MEPA Rules Mean Big Changes For Practitioners And Developers – Environment

New MEPA Rules Mean Big Changes For Practitioners And Developers – Environment

United States

New MEPA Rules Mean Big Changes For Practitioners And Developers

To print this article, you will need to register or login at

The Massachusetts Climate Roadmap Act is being observed.
The final Environmental Policy Act (MEPA), Office has been released
Version of the new regulations and two final protocols
New MEPA review procedures are available to assess project impacts
Environmental Justice (EJ), populations. The regulations will be
The two protocols will be in effect from December 24, 2021.
This change will take effect January 1, 2022. Here are the key takeaways

The MEPA Regulations

Six new definitions have been added to the MEPA regulations: Designated
Geographic Area, Environmental Benefit and Environmental Burden, EJ
Population, EJ Principles and Neighborhood. A Neighborhood may be
If it meets certain criteria, it is classified as an EJ Population
On income, English proficiency, minority composition. A
Designated Geographic Area (i) The area within one mile
A project or an EJ Population, or (iii), the area within five Miles
If the project exceeds MEPA, of a project or EJ populaiton
Air quality will be affected if there are any thresholds. Project proponents will need to
to assess the impact of their project on the environment
There are many environmental benefits, such as clean air, water, open spaces, etc.).

Proponents will have to include mitigation measures
EIRs have positive health effects on public health. Expand public participation
MEPA review process to determine EJ Populations. Section 61 Results
This will require you to include a finding stating that all measures have been tried.
EJ has been minimized in order to reduce unfair or inequitable impacts
Populations. The regulations also provide a new compliance path.
This is also known as a “rollover EIR”, which allows a Proponent.
Submit an “Expanded EF/Proposed IR” to be compliant
With the new requirements to perform EIRs in all EJ communities
Projects that were previously only eligible for an ENF

All ENFs submitted after January 1, 2022 are subject to
these rules.

MEPA Protocols

Two protocols were released by the MEPA Office: the Public Involvement and the Public Involvement
Protocol for EJ Populations (Public Involvement Protocol).
Protocol for Analysis and Evaluation of Project Impacts on EJ Peoples (Impacts).
Analysis Protocol Both will be effective January 1st.

The Public Involvement Protocol extends on, but doesn’t
supersede, and all requirements of the EJ Policy issued last by EOEEA
June. The Protocol outlines the requirements for community outreach
Public participation in projects that have an impact on EJ Populations The
EJ Screening Form must be used in order to provide EJ populations
Advance notice of the filing ENF and additional sections
The Protocol contains the ENF. This Protocol will
The Secretary may require that this change take effect January 1, 2022.
Certain Projects have received enhanced community outreach.
Filled ENF/EENFs

The Impacts Analysis Protocol provides guidance on analysis of
Project impacts, including disproportionately adverse effects
Potential climate change effects on EJ Populations It provides
The recommended method for assessing existing unfair or inequitable behavior
Analyzing project impacts and environmental burdens that are inequitable
This protocol also discusses the procedures that are required for projects that seek to
Ecological Restoration Projects are eligible.


These regulations have introduced many new concepts.
Compliance mechanisms, including the rollover EIR project
Proponents need to be aware of the Environmental Monitor
In the coming months, you will see how these new rules affect project development
For early evidence and filings regarding the MEPA office
The new rules will be explained.

See Also
Energy & Environment California ups EV goal

Foley Hoag’s Law and the Environment Blog
Please click

This article is meant to be a guide.
guide to the subject matter It is a good idea to seek specialist advice
Discuss your particular circumstances.


Steve Martin’s Thoughts on PFAS


All the pressure Congress is putting on the Executive Branch, Federal Government, when it comes to the PFAS recalls a great line by one the great comics my youth.

View Comments (0)

Leave a Reply

Your email address will not be published.