On August 30th the United State Coast Guard Sector Southeastern New England issued a Marine Safety Information Bulletin regarding the Federal Regulations for single hulled barges transiting Buzzards Bay. Navigation safety measures are outlined in the bulletin which is available here.
Friends and colleagues, All are welcome at tonight's fabulous celebration. I'm honored to be co-chairing this event. -Jamy Buchanan Madeja
Jamy Madeja's analysis of tidelands, submerged lands and Public Trust rights following the Arno and Alliance decisions was published in the Decemeber 2010 issue of the Massachusetts Lawyer's Journal. The article is available here.
In Memory of Daniel P. Vigneau 1948-2010
I am standing on the seashore.
A ship spreads her sails to the
Morning breeze and starts for
the ocean. I am watching until
she fades on the horizon, and
someone at my side says,
"She is gone."
Gone where? The loss of sight
is in me, not in her. Just at the
moment when someone says
"She is gone," There are others
who are watching her coming.
Other voices take up the glad
Shout, "Here she comes!"...
And that is dying.
Jamy Buchanan Madeja's following letter to the editors of the Boston Globe Magazine regarding Cape Wind (available here) was published on Sunday October 17th, 2010:
COSTS OF CAPE WIND
Spoils of war
October 17, 2010
REGARDING CAPE Wind and the long-term costs of energy supplies: Whatever one's position on the project, why is there no mention of the reduced costs of wars not fought and lives not ruined by the death and destruction caused currently by our securing energy supplies from abroad?
Jamy Buchanan Madeja
Boston
The writer is former general counsel to Governor Weld's Executive Office of Environmental Affairs.
Boat Sales and Excise Tax in the News
For better or worse, the recent news regarding boat sales and excise tax generated a lot of discussion about the relative merits of different states' taxation schemes. Jamy Madeja was interviewed by the Providence Journal for her take on the Rhode Island exemption and its effect on Massachusetts. Access the article here.
Executive Order Signed: National Policy for the Stewardship of the Ocean, Coasts and Great Lakes
The much anticipated National Policy for the Stewardship of the Ocean, Coasts and Great Lakes was established through Executive Order on Monday July 19th. It adopts the Final Recommendations of the Interagency Ocean Policy Taskforce which had released a draft version of the plan last September along with the Interim Framework for Effective Coastal and Marine Spatial Planning in December. The Taskforce was comprised of 24 senior-level policy officials from across the federal government and fielded close to 5,000 comments on their draft plan from various interests. A copy of the Final Recommendations can be found here.
The spatial planning framework is intended to focus on regional priorities, needs and uses, rather than a top-down statutory implementation of sector-wide decisions. The Policy's goal is to initiate coastal and marine plans in all regions by 2015.
Massachusetts SJC Rules on Arno v. Commonwealth
In the opinion handed down August 2, 2010, the Massachusetts SJC ruled that: "Neither the Land Court (in 1922) nor the Attorney General had the authority to divest the public of its rights in Arno's parcel...Only an act of or an express delegation by the Legislature could extinguish the public's rights in the parcel."
Jamy Buchanan Madeja's following letter to the editors of the Boston Globe Magazine regarding dam removal (available here) was published on Sunday August 1, 2010:
Water Power
Regarding the dam debate ("River Wild," July 11), why not at least include discussion of the environmental and other benefits of restoring the hundreds of preexisting, small hydroelectric power generation facilities in Massachusetts for centuries? With a locally controlled, renewable energy supply being once again so desirable (saving lives abroad and oil spills on our shores), why should new wind turbines (at decades of taxpayer subsidy) get all the attention? At least look at the dams collectively for power generation benefits, too.
Jamy Buchanan Madeja / Boston
New Regulations Regarding the Protection of Personal Information of Commonwealth Residents - Written Information Security Plan
In anticipation of the new Standards for Protection of Personal Information of Residents of the Commonwealth (210 CMR 17.00) which go into effect March 1, 2010; Jamy Buchanan Madeja, Esq. and Erik Rexford of Buchanan & Associates have developed a free sample template of the newly required Written Information Security Plan. The sample template is available by clicking HERE (PDF). Buchanan & Associates has developed this template as part of a tailored seminar presentation and as a sample for use by authorized businesses, not as a definitively sufficient "WISP" for any business. However, any business is welcome and encouraged to contact Buchanan & Associates for more information about an affordable way to obtain authorization to use the template, and for any relevant updates in this rapidly evolving area of law. If you call Buchanan & Associates we may be able to provide you with a Word File of the template.
Ms. Madeja has made available her presentaion to the Massachusetts Marine Trades Association entitled "Protecting Personal Information of Commonwealth Residents" Click HERE for a copy (PDF) of the presentation.
Both the presentation and the sample template will remain available on this website by clicking on the "Resources" link at the top of the page.
Beach access and use rights a subject of Maine lawsuit
A recent Boston Globe story highlights a current beach access lawsuit taking place in Southern Maine. Beach front property owners along Goose Rocks Beach in Kennebunkport, Maine are suing the town to restrict public use of the beach. A local story that has huge implications for many coastal communities.
Jamy Buchanan Madeja named among Massachusetts Super Lawyers
Jamy Buchanan Madeja has been named as one of the 2009 Massachusetts Super Lawyers in environmental law. This is a repeat appearance on the Super Lawyer list for Ms Madeja, who was named to the list in 2006.
Published by Law & Politics, Super Lawyers is an annual jurisdictional listing of outstanding lawyers from more than 70 areas of practice. Only five percent of the lawyers from any state or region are included each year. The Super Lawyers selection process is a rigorous multiphase selection process, considering a wide range of objective indicators of peer recognition and professional achievement.
Jamy Buchanan Madeja is an environmental lawyer and government relations counsel at Buchanan & Associates, a Boston law office she established 17 years ago, after serving as General Counsel for Environmental Affairs for Governor Weld. Ms. Madeja specializes in Massachusetts waterfront law and represents many marinas and boatyards statewide, as well as representing the Massachusetts Marine Trades Association. Her clients' issues range from permitting and enforcement proceedings before the Department of Environmental Protection to disputes with abutters. She testifies at the Massachusetts legislature frequently and teaches lawyers and non-lawyers on practical and academic aspects of law and government relations, and serves on a number of not-for-profit boards with interests in land use and waterfront matters.
Ms. Madeja can be reached at 617-227-8410 or jmadeja@buchananassociates.com
Jamy B. Madeja was quoted in the November 23, 2009 Massachusetts Lawyers Weekly article about Town of Canton v. Paiewonsky which is before the Supreme Judicial Court and questions MEPA appeals.
