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 …