City of Brockton v. Energy Facilities Siting Board (No. 1)
Massachusetts Supreme Judicial Court
469 Mass. 196, 14 N.E.3d 167 (2014)
- Written by Robert Cane, JD
Facts
The Massachusetts legislature enacted Massachusetts G.L. c. 164, § 69J 1/4 (the environmental-justice law), which set the state’s environmental-justice policy for projects that met certain thresholds of pollution that affected disadvantaged communities. If projects met one threshold, enhanced public participation was required during the application-review process. If projects met a higher threshold, enhanced analysis and review of the impacts and mitigation was required. Brockton Power Company LLC (Brockton) sought to construct a power plant in the City of Brockton (the city) (plaintiff). Brockton filed an application for its power plant with the Energy Facilities Siting Board (board) (defendant). The board determined that the application called for enhanced public participation, but not enhanced analysis, under the environmental-justice law. Accordingly, the board conducted the enhanced public participation during the board’s review process for Brockton’s application as required by the environmental-justice law. A group of residents (intervenors) intervened in the review process and claimed that Brockton’s application required enhanced analysis of the project’s environmental-justice impacts based on substantive-equal-protection principles. The board complied with only the enhanced-public-participation requirements of the environmental-justice law, and it did not conduct additional analysis related to environmental justice. The board approved Brockton’s application. The city and the intervenors appealed.
Rule of Law
Issue
Holding and Reasoning (Botsford, J.)
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