Ch 91 Waterways License Appeal Hearing Update

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. We have waited nearly 9 months for the Chief Presiding Office of the OADR, Salvatore M. Giorlandino, to issue a ruling on the case.

Just this week, we received our first update on the case. Mr. Giorlandino is seeking 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 must respond within 20 days, followed by Enbridge, and finally, Mass DEP. At that point, Mr. Giorlandino will review the information and hopefully announce his ruling.

More info to come.