Keyword Search: Exhaustion of Remedies

SJC-10578: TOWN OF BARNSTABLE & another vs. MASS ENERGY FACILITIES SITING & another

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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