FRRACS invites you to join us on Wednesday, January 31 for oral arguments for our appeal hearing of Enbridge’s Ch. 91 Waterways License.
This is a follow-up to the hearing that held on October 25, 2023. You can watch a video recording of the first part of the hearing here:
Date: Wednesday, January 31 starting at 10 am.
Location: ONLINE via MassDEP YouTube Channel: https://www.youtube.com/@MassDEP
A quick primer on the Hearing:
In May of 2019, The DEP granted Enbridge the Chapter 91 Waterways permit. This caused Coastal Zone Management to issue the final permit necessary for construction to begin.
In May of 2022, Superior Court Justice Leighton vacated that permit and remanded it back to the DEP.
In July of 2022, DEP Adjudicator Jane Rothchild concluded that, in fact, the DEP had erred in granting this important permit.
DEP Commissioner Suuberg asked for 45 days to review Rothchild's decision--the first time that Suuberg did this throughout our long history of hearings, including air quality and wet lands. Each time that Rothchild ruled against us, Suuberg signed off on her decision with seven days, never questioning her judgement.
In August of 2022, Suuberg said he "needed more information," and remanded the decision back to the DEP.
Subsequently, our new adjudicator Salvatore Giorlandino gave the permit back to Enbridge, ignoring both Justice Leighton and Jane Rothchild.
So here we are, Campers, back at square one with the DEP on the Ch. 91 Waterways permit. Our expectations of the DEP are very, very low, but with a new administration at the helm, one never can be sure.
As always, thank you for your support and your activism!