Mina S. Makarious

Partner

Tel. 617.621.6525

Mina represents clients on municipal, airport, environmental, and construction matters. Mina’s airport work includes representing airports around the country on the negotiation of complex lease transactions with airlines, including airline use and lease agreements and agreements with airline fuel consortia. He worked to revise the Massachusetts Department of Transportation’s Aeronautics regulations, and works with the Department’s Aeronautics Division on matters regarding the use and regulation of drones. Mina has also assisted a private manufacturer of drone technologies in obtaining a waiver from the FAA for the use of drones beyond the visual line of sight, one of the first such waivers ever granted by the FAA.

Mina’s work for public sector clients also includes serving as Town Counsel to the towns of Concord and Lexington, Massachusetts, and regularly advising these and other towns on governance, procurement, land use, environmental and other matters. He also represented the Massachusetts Gaming Commission in drafting and promulgating new regulations and in its suitability investigations of gaming applicants. In addition, Mina serves as counsel to several clients on matters involving CERCLA and the Massachusetts Hazardous Material Release Prevention Act (Chapter 21E). Mina advises clients on environmental due diligence and federal and state regulatory compliance, litigation, and insurance coverage, and works with A&K’s real estate practice in crafting solutions to environmental issues for real estate transactions.

Honors

Massachusetts Lawyers Weekly, Excellence in the Law - Up & Coming Lawyer, (2019)

Massachusetts Super Lawyers Rising Stars, (2015-Present)

Massachusetts Bar Association, Outstanding Young Lawyer Award, (2015)

National Law Journal’s Boston Rising Stars, 40 Under 40, (2014)

Affiliations

United States Court of Appeals for the First Circuit, Rules Advisory Committee 
Boston Bar Association Environmental Law Section, Chair
Phillips Brooks House AssociationBoard of Trustees

Admissions

Massachusetts

U.S. Court of Appeals, First Circuit

U.S. District Court, District of Massachusetts

Education

Harvard Law School, J.D. 2009 cum laude
Editor, Harvard Environmental Law Review

Harvard College, B.A. 2006 magna cum laude

  • Represents several major hub airports in negotiating airline use agreements and fuel facility leases including Chicago, Charlotte, Salt Lake City and San Diego.
  • Represented a medium hub airport in negotiations regarding development of one of the nation’s large
  • Assisted the Massachusetts Department of Transportation's Aeronautics Division in updating its regulations, and is working with the Division to comprehensively address the use and regulation of drones.
  • His work for airport clients has also included providing counsel on complex federal regulatory compliance, security, and constitutional law issues and assisting in drafting and submitting an amicus brief on behalf of the Airports Council International on airport security.
  • Resolving millions of dollars worth of environmental liability claims associated with historic contamination at a Superfund site.
  • Working with members of our real estate department, obtained several dozen temporary and permanent easement rights for a road improvement project for Lexington and a multi-use rail trail bike path project for Concord, including drafting and negotiating easement agreements and eminent domain takings documents, and working to meet tight grant funding deadlines.
  • Represented a start-up non-profit in negotiation of lease and construction documents for a youth homeless shelter.
  • Assisted the Massachusetts Gaming Commission on governance and start-up issues and in drafting regulations regarding public records management and permitting, and served as Special Assistant Attorney General representing the Commission in high-profile litigation regarding licensing issues.
  • Mina has represented public and private clients in zoning and urban redevelopment litigation under Chapter 121A, successfully defending a project to support homeless healthcare and housing.
  • Panelist: Massachusetts Airport Managers Association (MAMA), October 2019, Realities of Doing Business as a Public Entity
  • Co-author, Boston Bar Journal, "Spaulding v. Town of Natick School Committee: Allowing Free Speech while Accomplishing Municipal Work", Spring 2019
  • Panelist: ACI-NA Spring Legal Affairs Conference, May 2019, The Status of Drone Tests and Policies
  • Panelist: ACI-NA Annual Conference, September 2018, Legal Issues in Addressing Proposals by 3rd Party Developers
  • Panelist: Massachusetts Airport Managers Association (MAMA), September 2018, Airport Commissioner's Roundtable
  • Moderator: Massachusetts Airport Managers Association (MAMA), September 2018, Panel on environmental issues
  • Panelist: BBA,  May 2018, Developing With Drones: Tips & Traps
  • Panelist: ACI, September 2017, Airport Fuel Leases.
  • Speaker: Association of Municipal Airports (MAMA), September 2017, Airport Leasing.
  • Panelist: Massachusetts Municipal Lawyers Association  (MMLA), September 2016, Drones: Municipal Regulation and Use
  • Panelist: Massachusetts Municipal Lawyers Association seminar on "Designation and Use of Public Streets, Sidewalks and Places" (2014). Mina discussed McCullan v. Coakley, a 2014 Supreme Court case about the rights to free speech and assembly on public sidewalks outside reproductive health clinics.
  • Co-author: The Historic Navigability Test: How to Use It to One's Advantage in This Post-Rapanos World, The Environmental Law Reporter, November 2007
  • Co-Author with Stephen D. Anderson, "Massachusetts Superior Court Civil Practice Jury Instructions," G.L. c. 21 E Claims, MCLE (2016 ed.) (with Hon. P. Brady).

Mina lives in Cambridge with his wife, a teacher, and their two young daughters.  He bikes to work whenever he is able to.  An avid baseball fan, Mina’s proudest accomplishment remains convincing his college to allow him to write his senior thesis on the Cape Cod Baseball League

He is actively involved with the Phillips Brooks House Association, a non-profit serving youth and families throughout Boston and Cambridge.