POINT OF PINES BEACH ASS'N v. ENERGY FACILITIES SITING


419 Mass. 281 (1995)

POINT OF PINES BEACH ASSOCIATION, INC., & another vs. ENERGY FACILITIES SITING BOARD & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 11, 1995.


Attorney(s) appearing for the Case

Martin R. Healy, Raymond J. Brassard & Robert B. Foster for Point of Pines Beach Association, Inc.

Denise DiCarlo, Assistant City Solicitor, for city of Revere, joined in a brief.

John A. DeTore & Alan K. Posner, for Altresco Lynn, Inc., intervener.

Michael B. Meyer & E. Michael Sloman, Special Assistant Attorneys General, for Energy Facilities Siting Board.

William S. Stowe, for Boston Edison Company, amicus curiae, submitted a brief.

Robert H. Russell, Third, for Conservation Law Foundation & others, amici curiae, submitted a brief.

Scott Harshbarger, Attorney General, & Frederick D. Augenstern, for the Attorney General, amicus curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

The plaintiffs appeal pursuant to G.L.c. 164, § 69P (1992 ed.), and G.L.c. 25, § 5 (1992 ed.), from a decision of the Energy Facilities Siting Board issued December 15, 1993. In that matter, Altresco Lynn, Inc. (Altresco), petitioned the board to approve Altresco's planned construction of a gas-fired cogeneration 170 megawatt power facility at the General Electric River Works in Lynn. The proposal contemplated a facility that would begin operation...

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