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MA DEP Appeal Hearing: Ch. 91 Waterways License

FRRACS invites you to join on October 25 for our appeal hearing of Enbridge’s Ch. 91 Waterways License.

At this hearing, FRRACS will present arguments as to why Enbridge’s Ch. 91 waterways license should not have been approved by the state.

The hearing is scheduled for October 25. *If additional time is needed, it will extend to October 26.

Date(s): Wednesday, October 259:30am-5pm. It could extend to October 26, if needed.

Location: ONLINE via MassDEP YouTube Channel: https://www.youtube.com/watch?v=KxpIqkHvqCw

A quick primer on the Hearing:

  • In May of 2019, The DEP granted Enbridge the Chapter 91 Waterways permit. This caused Coastal Zone Management to issue the final permit necessary for construction to begin.

  • In May of 2022, Superior Court Justice Leighton vacated that permit and remanded it back to the DEP.

  • In July of 2022, DEP Adjudicator Jane Rothchild concluded that, in fact, the DEP had erred in granting this important permit.

  • DEP Commissioner Suuberg asked for 45 days to review Rothchild's decision--the first time that Suuberg did this throughout our long history of hearings, including air quality and wet lands. Each time that Rothchild ruled against us, Suuberg signed off on her decision with seven days, never questioning her judgement. 

  • In August of 2022, Suuberg said he "needed more information," and remanded the decision back to the DEP.

  • Subsequently, our new adjudicator Salvatore Giorlandino gave the permit back to Enbridge, ignoring both Justice Leighton and Jane Rothchild. 

So here we are, Campers, back at square one with the DEP on the Ch. 91 Waterways permit. Our expectations of the DEP are very, very low, but with a new administration at the helm, one never can be sure. 

We do hope you will be able to join us to watch the proceedings. The DEP decided on a Zoom hearing last Wednesday.  Although this helps FRRACS key witness, Dr. Ron Sahu, it is a disappointment that the DEP will not be able to see all of us at the hearing--listening, filming, taking notes, and being present for them to see that we have not given up. 

And we will never give up the defense of our coastal home. We will never cede our health, our lives, and our planet to the industry bent on ending them all in search of more profits. 

As always, thank you for your support and your activism!



Earlier Event: October 10
October 2023 FRRACS Meeting
Later Event: November 9
Art Build