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CITY COUNCIL OF AGAWAM v. ENERGY FACILITIES SITING BOARD.

437 Mass. 821 (2002)

CITY COUNCIL OF AGAWAM v. ENERGY FACILITIES SITING BOARD & another (and three consolidated cases).

Supreme Judicial Court of Massachusetts, Suffolk.

October 21, 2002.

Attorney(s) appearing for the Case

Robert J. Carnes for Theresa Lecrenski & another.

Michael J. Coyne for City Council of Agawam.

Adam Simms, Assistant Attorney General (Thomas A. Barnico, Assistant Attorney General, with him) for Energy Facilities Siting Board.

John A. DeTore (Rebecca Tepper with him) for Berkshire Power Development, Inc.

Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, SOSMAN, & CORDY, JJ.

CORDY, J.

On September 3, 1999, the Energy Facilities Siting Board (board) granted a certificate of environmental impact and public interest to Berkshire Power Development, Inc. (Berkshire), approving the proposed storage of fuel oil on the grounds of its power plant in the city of Agawam. Four appeals were taken from that decision to a single justice of this court, who consolidated the appeals and reserved and reported the case to the full court. We now affirm the...

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