Amazing news - Judge rules against DEP in Ch. 91 appeal

We received some amazing news from our wonderful attorney, Mike Hayden. On March 31, Mike presented our case to Superior Court Judge Joseph Leighton against the Department of Environmental Protection (DEP) for granting the Chapter 91 Waterways permit to Enbridge. Judge Leighton has ruled in our favor and has remanded the permit back to the DEP. You can read the ruling here.

Enbridge told the DEP that they "required" the waterways permit because the compressor had to go near the water--a clear misrepresentation (lie?) on Enbridge's part as most compressor stations are in landlocked areas, and Enbridge had even given the Federal Energy Regulatory Commission (FERC) at least five landlocked alternate locations other than the Basin where this compressor could have been sited. Enbridge defined "required" as "wanted." We here at FRRACS WANT all the chocolate frappes that we can hold--but it doesn't mean they are "required" for our good health or our waistlines! The DEP, in typical fashion, bought Enbridge's crazy definition and said that the compressor certainly had to go near the water and next to the metering and regulating station. It "required" neither.

What does this all mean? Likely Enbridge will take this to the Appeals Court to try to strike down Judge Leighton's ruling. But it if the Appeals Court agrees with the good judge, the permit will be invalid and Enbridge and the DEP will have to start at square one.

We do have questions that we hope to have answered within the next weeks. Does this mean that Enbridge cannot operate without this permit at this time? Will this mean a halt to operations if a new permit has to be decided? And will Coastal Zone Management actually do its job and oversee this process this time around? It all remains to be seen.

Take a moment to bask in this victory, dear Member, and know that without your physical, spiritual, and financial support for the past 7+ years this would never have happened. Just another precedent setting event that the Evil Fossil Fuel industry will have to consider in the future.