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Weymouth, Town of v. Massachusetts Department of Environmental Protection

ELR Citation: 50 ELR 20213
Nos. 19-1794, (1st Cir., 08/31/2020)

The First Circuit amended a previous ruling vacating an air permit issued by the Massachusetts Department of Environmental Protection (MDEP) for a proposed natural gas compressor station that is part of a pipeline connecting the northeastern United States and Canada. The court had found that MDEP failed to follow its own established protocol when it determined that the station was using the best available control technology to reduce emissions, and thus had vacated the permit and remanded to MDEP to redo its analysis. After reweighing the issue and the upcoming winter season, the court amended its ruling to remand to the agency without vacatur.