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ARTICLE · 18 FEBRUARY 2025

State Agency Rulemaking: Beyond Minimum Compliance

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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.

United StatesGovernment, Public Sector
David Thomas
David Thomas
Robert Ross
Robert Ross

Go-To Guide:

  • 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. According to the SJC, the guidelines were ineffective because the HLC failed to strictly follow the statutory procedures in the Massachusetts Administrative Procedures Act (MA APA) when adopting the guidelines. As a

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