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Alliance to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Bd.

Citation: 40 ELR 20245
No. No. 10596, (Mass., 08/31/2010)

Massachusetts' highest court upheld a Massachusetts Energy Facilities Siting Board decision approving a power company's petition to build and operate two electric transmission lines to connect a proposed offshore wind-powered energy generating facility to the regional electric power grid. The power company demonstrated that the project was needed; compatible with environmental, public health, and safety considerations; and required to serve the public interest and convenience. In addition, the project conformed with state and local laws, except for limited aspects of the Cape Cod Act and the regional policy plan, exemption from which was reasonable and consistent with the siting board's statutory mandate to provide a reliable energy supply with a minimum impact on the environment at the lowest possible cost. In addition, the state environmental agency's water-dependent use regulation, under which the transmission lines were deemed water dependent, is valid.