Ch. 91 Waterways License Appeal Hearing Part 2 - Jan. 31, 2024 Video Recording

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On October 25, 2023, the first part of our Ch. 91 Waterways License appeal hearing with Mass DEP (Department of Environmental Protection) and Enbridge took place. The hearing lasted nearly 6 hours. We heard from our expert witness, Dr. Sahu, as well as witnesses for MassDEP. Though it’s a long video, we encourage watching some of it. Our attorney, Michael Hayden, represented the residents of the Fore River Basin in this important case against Enbridge.

After the hearing, each party submitted their final briefs, and on January 31, 2024, the parties met again for oral arguments. The second hearing lasted close to two and half hours. We expect to hear a final decision from the Presiding Officer sometime in March. We will keep you updated.

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 license. Our expectations of the DEP are very, very low, but with a new administration at the helm, one never can be sure. 

You can watch the full hearings below.

October 25, 2023 Hearing. Source: MassDEP YouTube Channel

January 31, 2024 Hearing. Source: MassDEP YouTube Channel