ALLIANCE TO PROTECT NANTUCKET SOUND,INC., & others
vs. ENERGYFACILITIES SITING BOARD & others
(and a consolidated case
).Suffolk. Barnstable. February 11, 2010. - August 31, 2010.Present: Marshall, C.J., Ireland, Spina, Cordy, Botsford, &Gants, JJ.Energy Facilities Siting Board. Administrative Law, Agency'sauthority, Primary jurisdiction, Substantial evidence,Record, Findings, Regulations. Public Utilities, Electricaltransmission line, Electric company. Trust, Public trust.Jurisdiction, Administrative matter. Electric Company.Municipal Corporations, Electric lines. Environment,Environmental impact report. Department of EnvironmentalProtection.
Lindsey Counsell, Susan Nickerson, Hank Walcott, ChristyMihos, Patty Dineen, Barbara Cambal, Martha Powers, Robert M.Bussiere, Cathleen Bussiere, Doris Rodensky, Robert EdgarBowdoin, Sandy Taylor, Ed Barrett, Roberta Murphy, TheodoreZambellis, Dorothy Robinson, town of Barnstable (Barnstable), andCape Cod Commission (commission).
Department of Environmental Protection (DEP) and Cape WindAssociates, LLC (Cape Wind); Conservation Law Foundation andClean Power Now, Inc., interveners.
We acknowledge the amicus briefs filed by the towns ofAquinnah, Edgartown, Chilmark, and West Tisbury; the Martha'sVineyard Commission; and Boston Gas Company, Colonial GasCompany, Essex Gas Company, Massachusetts Electric Company,Nantucket Electric Company, and New England Power Company.
Town of Barnstable & another vs. Energy FacilitiesSiting Board (siting board) & another.Civil actions commenced in the Supreme Judicial Court forthe county of Suffolk on June 16 and 22, 2009.After consolidation, the case was reported by Botsford, J.Civil action commenced in the Superior Court Department onApril 9, 2008.Motions to dismiss were heard by Robert C. Rufo, J.