FRRACS urges AG Healey to address remand of Enbridge's waterways license

Today, members of the FRRACS community visited the office of Attorney General Maura Healey to encourage her to take action on the compressor station. We encourage Attorney General Healey to address the recent remand of Enbridge’s waterways license as it relates to Massachusetts EJ law (environmental justice).

Why are we targeting AG Healey at this time? MA Superior Court Judge Leighton invalidated a key State permit for the Enbridge/Algonquin gas transmission compressor in Weymouth, MA on May 2, 2022. The Chapter 91 Waterways permit was remanded back to MassDEP for review of what the Judge ruled on: whether the compressor qualifies as “ancillary” under Chapter 91 Waterways rules. The Judge ruled the compressor didn’t qualify. Thirty days later, Enbridge hasn't appealed the ruling. Why? Enbridge will rely on DEP to rule in favor of Enbridge, again.

What could AG Healey possibly do or say in this situation? Her office can publicly and privately direct DEP to follow Massachusetts’ new EJ law as it relates to this remand. Which will AG Healey choose: Silence that upholds Enbridge permits, or MA Environmental Justice law that calls for an environmental impact study before issuing a Waterways permit? BTW, an environmental impact study was NEVER DONE for this facility.

Is there a rush for AG Healey to comment? YES. The DEP June 21st hearing on Judge Leighton’s ruling has been rushed to beat DEP Adjudicator Rothchild’s retirement occurring at the end of this month. Rothchild can choose to side with Enbridge—as she has done so far—or she could follow the current Environmental Justice Law that says DEP would have to do an environmental impact report before reinstating the Chapter 91 Waterways permit. Rothchild has stated she will not consider the current EJ law. We don't have a ton of time given the severely shortened deadline due Rothchild's imminent retirement.