List of upcoming court and appeal dates
/Below is a summary of the upcoming events and deadlines across the various ongoing appeals:
September 15: Deadline to respond to Algonquin’s declaratory judgment complaint filed in the U.S. District Court seeking to preclude Weymouth or FRRACS from obtaining an injunction in state Superior Court. Weymouth and FRRACS intend to file a motion to dismiss Algonquin’s complaint on or before September 15.
September 17: Zoom hearing in Norfolk Superior Court on Algonquin and CZM’s (represented by the A.G.’s office) motion to dismiss Weymouth’s M.G.L. c. 30A appeal of the CZM consistency determination. Weymouth and FRRACS have opposed Algonquin and CZM’s motion to dismiss and will argue that the motion should be denied.
November 30/December 1: Hearing dates for remanded BACT analysis of electric motor before MassDEP’s OADR. We don’t know yet whether this hearing will be conducted in person or via Zoom.
Two other appeals are currently pending, but do not have any scheduled events or deadlines:
In our M.G.L. c. 30A appeal of the Chapter 91 Waterways License, both Weymouth and our Ten Residents Group served Motions for Judgment on the Pleadings on August 31. We are awaiting Algonquin and MassDEP’s (represented by the A.G.’s office) oppositions, regarding which we will then have the opportunity to Reply. Once the briefing is completed, all briefs will be filed with the Court, which will then schedule a hearing on the Motions for Judgment on the Pleadings.
In our First Circuit appeal of FERC’s two-year extension of the deadline to complete construction, Algonquin and FERC have filed a motion to dismiss, which we have opposed. The motions to dismiss remain under advisement with the First Circuit, which could issue a decision on the papers or could schedule oral argument sometime in the future.