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NEW BEDFORD v. ENERGY FACILITIES SITING COUNCIL

413 Mass. 482 (1992)

597 N.E.2d 1032

CITY OF NEW BEDFORD vs. ENERGY FACILITIES SITING COUNCIL (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

August 20, 1992.

Attorney(s) appearing for the Case

Frederick D. Augenstern, Assistant Attorney General, for the Attorney General.

Richard J. Moore, Assistant City Solicitor (Arthur J. Caron, Jr., City Solicitor, with him) for the city of New Bedford.

Martha B. Sosman, Special Assistant Attorney General, for Energy Facilities Siting Council.

John A. DeTore (Robert N. Werlin with him) for the intervener.

Robert H. Russell, 3d, & Armond M. Cohen, for Conservation Law Foundation & others, amici curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.

LYNCH, J.

The city of New Bedford (New Bedford) and the Attorney General (collectively petitioners) appeal from a final decision of the Energy Facilities Siting Council (council) approving the petition of Eastern Energy Corporation (Eastern) to construct a coal-fired cogeneration power facility (facility) in New Bedford.2 Eastern petitioned the council for approval to construct such a facility on January 29, 1990. The council granted the...

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