Northwestern Mass. Wind Project May Move Forward, Rules SJC

In a decision issued yesterday, the Massachusetts Supreme Judicial Court upheld a state agency’s approval for a wind developer to build two access roads that will allow for the construction and maintenance of a wind project in northwestern Massachusetts.

New England Wind, LLC will be able to commence construction on the two gravel access roads, with some conditions.  The developer must retain a compliance monitor and a wetlands scientist who will oversee the construction of the roads.  New England Wind must also submit reports on storm water management and the ecological status of any resource areas at issue.

The dispute began when New England Wind filed a notice of intent to construct the roads with a town conservation commission.  The commission approved the request to build the roads, which would cross several intermittent streams.  Following the approval, a Massachusetts Department of Environmental Protection magistrate heard a citizens’ group’s arguments that the access roads would impair the stability of the stream banks.  In a recommended decision, the magistrate sided with the citizens’ group.

In the DEP’s final decision, a commissioner rejected the magistrate’s ruling and approved the road project.  The commissioner ruled that the magistrate incorrectly found that the road projects would affect the stream banks, where the developer’s plans included culverts that would keep the roads from affecting the banks.  This error led to the magistrate using the wrong legal standard in analyzing the question. 

The SJC affirmed the DEP’s final decision in full.  The case is Ten Local Citizen Group v. New England Wind, LLC, SJC-10585.  The project is owned by Iberdrola Renewables.