Ch. 91 Waterways License Appeal Update - Briefs Filed
/On January 31, 2024, our case against Enbridge (Algonquin) and MassDEP was heard by MassDEP’s Office of Appeals and Dispute Resolution (OADR). This case had to do with our appeal of Mass DEP’s approval of Enbridge’s Chapter 91 Waterways License. Since then, we have been waiting for the Chief Presiding Office of the OADR, Salvatore M. Giorlandino, to issue a ruling on the case.
In mid-September, nearly 9 months after closing arguments, we received our first update on the case. Mr. Giorlandino stated he wanted feedback on what bearing, if any, two recent court cases have on our case. Those cases are: City of Port Isabel v. Federal Energy Regulatory Commission and Conservation Law Foundation v. Energy Facilities Siting Board.
Our attorney, on behalf of the “Ten Residents Group”, had to file a supplemental brief on this matter, as did Enbridge (Algonquin), and Mass DEP. The supplemental briefs are available below: