Argument: October 2010

Keywords: Environmental Law - Local Government - Mandamus - Sovereign Immunity

Question Presented: Whether the Town of Boxford may sue to enjoin the Mass. Department of Transportation from operating a road salt storage facility.

Facts: The Mass. Department of Transportation (“DOT”) maintains a road salt storage facility in the Town of Boxford, which it uses to de-ice major highways. Salt has contaminated the groundwater near …

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Amicus due February 16, 2010 - Argument: May 4, 2010

Keywords: Constitutional Law - Environmental Law - Takings

Question Presented: Whether enforcement of the Massachusetts Watershed Management Act, GL. c. 92A½, effects a regulatory taking requiring just compensation under the Massachusetts Constitution.  

Facts: The Watershed Management Act of 1992 prohibits alterations to land within 200 feet of a lake. GL. c. 92A½.  However, the Act allows construction of a single family dwelling on …

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Amicus due February 16, 2010 - Argument: May 4, 2010

Keywords: Administrative Law - Environmental Law - Local Government - Zoning

Question Presented: Whether a Town of Kingston zoning amendment should be invalidated if the town failed to comply with the procedure for creating a “smart growth” zoning overlay district pursuant to G.L. c. 40R.

Facts: At the request of a developer, the Town of Kingston submitted an application to the Department of Housing and Community Development (“DHCD”) for approval of a smart growth overlay district …

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Argument: February 11, 2010

Keywords: Administrative Law - Energy - Environmental Law - Local Government

Question Presented: Whether the Energy Facilities Siting Board (“EFSB”) acted within its authority in granting a set of approvals for the Cape Wind energy project.

Facts: Construction of an energy facility such as the Cape Wind project often requires approval by many state and local agencies, any one of which can block development.  To avoid that …

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Argument: February 11, 2010

Keywords: Administrative Law - Energy - Environmental Law - Exhaustion of Remedies

Question Presented: Whether the Massachusetts Energy Facilities Siting Board (“EFSB”) has the power to override the rejection by the Cape Cod Commission (“Commission”) of a proposed wind farm development.

Facts: Cape Wind Associates, LLC applied for Development of Regional Impact (“DRI”) approval from the Commission, pursuant to St. 1989, c. 716. The Commission denied the application without prejudice on the …

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Amicus due February 16, 2010 - Argument: March 1, 2010

Keywords: Administrative Law - Environmental Law - Wetlands

Facts: Two local Citizen Groups challenge a wetlands permit allowing New England Wind, LLC to install twenty wind turbines and a four mile access road on the Hoosac Mountain Range in …

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