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CITY OF BROCKTON v. ENERGY FACILITIES SITING BOARD (NO. 1)

No. SJC-11406.

469 Mass. 196 (2014)

CITY OF BROCKTON v. ENERGY FACILITIES SITING BOARD (No. 1) (and two consolidated cases).

Supreme Judicial Court of Massachusetts, Suffolk.

July 31, 2014.

Attorney(s) appearing for the Case

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

John L. Holgerson for town of West Bridgwater.

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

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

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

The following submitted briefs for amici curiae:

Veronica Eady for Conservation Law Foundation.

Rahsaan D. Hall, Matthew Cregor, Sasha N. Kopf, Tyler D. Crosby, & Priya A. Lane for Lawyers' Committee for Civil Rights and Economic Justice.

Wendy B. Jacobs & Aladdine D. Joroff for Hands Across the River Coalition.

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

BOTSFORD, J.

Brockton Power Company LLC (Brockton Power, or company) filed a petition pursuant to G. L. c. 164, § 69J¼ (§ 69J¼), with the Energy Facilities Siting Board (board) to construct and operate a 350-megawatt combined-cycle energy generating facility (facility) powered by natural gas and ultra-low sulfur distillate (ULSD) on a 13.2-acre lot in the city of Brockton (city). After extensive hearings, the board approved Brockton Power's petition...

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