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BROCKTON POWER COMPANY LLC v. ENERGY FACILITIES SITING BOARD

Nos. SJC-11405, SJC-11407.

469 Mass. 215 (2014)

BROCKTON POWER COMPANY LLC v. ENERGY FACILITIES SITING BOARD & others. CITY OF BROCKTON v. ENERGY FACILITIES SITING BOARD & another (No. 2).

Supreme Judicial Court of Massachusetts, Suffolk.

July 31, 2014.

Attorney(s) appearing for the Case

Gregor I. McGregor (Nathaniel Stevens with him) for city of Brockton.

David S. Rosenzweig (Erika J. Hafner & Michael J. Koehler with him) for Brockton Power Company LLC.

Sookyoung Shin, Assistant Attorney General, for Energy Facilities Siting Board.

Lisa C. Goodheart (Phelps T. Turner, Joshua D. Nadreau, & Staci Rubin with her) for Frank J. Babbin & others.

Wendy B. Jacobs & Aladdine D. Joroff, for Massachusetts Rivers Alliance & others, amici curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

BOTSFORD, J.

On August 7, 2009, the Energy Facilities Siting Board (board), acting pursuant to G. L. c. 164, § 69J¼ (§ 69J¼), approved the petition of Brockton Power Company LLC (Brockton Power or company), to build and operate a 350-megawatt combined-cycle energy generating facility (facility or project) powered by natural gas and ultra-low sulfur distillate (ULSD) in the city of Brockton (city). As approved by the board, the facility would use...

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