Argument: October 2010

Keywords: Damages - Energy - Real Property - Takings - Zoning

Question Presented: How should a plaintiff prove damages from a taking based on a development plan that is currently barred by statute?

Facts: The defendant water authority took property by eminent domain from the plaintiff energy company to build a sewer relief system. Market value was paid based on anticipated industrial uses. The …

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Argument: Not yet scheduled.

Keywords: Administrative Law - Commercial Property - Energy - Regulated Utilities - Tax

Question Presented:

Facts: Boston Gas is a regulated utility whose property and profits are heavily controlled by the Department of Public Utilities (“DPU”). Boston Gas owns nearly 1000 miles of delivery pipe and …

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Argument: February 11, 2010

Keywords: Administrative Law - Energy - Environmental Law - Local Government

Question Presented: Whether the Energy Facilities Siting Board (“EFSB”) acted within its authority in granting a set of approvals for the Cape Wind energy project.

Facts: Construction of an energy facility such as the Cape Wind project often requires approval by many state and local agencies, any one of which can block development.  To avoid that …

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Argument: February 11, 2010

Keywords: Administrative Law - Energy - Environmental Law - Exhaustion of Remedies

Question Presented: Whether the Massachusetts Energy Facilities Siting Board (“EFSB”) has the power to override the rejection by the Cape Cod Commission (“Commission”) of a proposed wind farm development.

Facts: Cape Wind Associates, LLC applied for Development of Regional Impact (“DRI”) approval from the Commission, pursuant to St. 1989, c. 716. The Commission denied the application without prejudice on the …

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