MBTA Communities Act Emergency Declaration Explained

The Emergency Regulations are just as unenforceable as the nearly identical Guidelines that were recently overturned. The requirements set forth by the Administrative Procedure Act (APA) are not mere formalities. These safeguards—on which the Supreme Judicial Court (SJC) relied in its Milton decision—exist to uphold our democratic system, protect the public from harmful agency overreach, and prevent unelected lobbyist groups from stripping away our right to voice opposition and raise concerns.

This emergency declaration is a reckless abuse of power with far-reaching consequences. It effectively grants Executive Office of Housing and Livable Communities (EOHLC) unchecked authority to impose zoning changes on any community at any time under the pretense of a fabricated emergency. This is an unacceptable violation of local governance, and we refuse to allow it—now or in the future.