On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by Algonquin Gas Transmission as part of its Atlantic Bridge natural gas pipeline project and remanded the matter to the agency for further analysis. Town of Weymouth v. Massachusetts Department of Environmental Protection, et al., No. 19-1794 (Jun. 3, 2020). In reviewing the agency’s decision, the First Circuit concluded that the DEP’s Best Available Control Technology (BACT) analysis was inadequate because the Agency failed to undertake its own independent analysis of the cost-effectiveness of the various options of controlling air emissions and instead relied on the Federal Energy Regulatory Commission’s (FERC) analysis. The court also decided several other environmental arguments raised by the Town of Weymouth and other petitioners in favor of the DEP, including environmental justice and noise concerns, among other issues, which are addressed in a
Emily J. Dupraz
The Energy Infrastructure Blog provides a comprehensive look at the issues and trends in energy infrastructure. Our authors will cover topics relating to the development, permitting, and financing of energy projects including issues involving construction, federal and state regulatory framework, energy storage, and traditional financing as well as tax and economic incentives.
The Energy Infrastructure Blog is authored by members of Pierce Atwood’s interdisciplinary Energy Infrastructure practice group. The Energy Infrastructure group is comprised of energy, environmental, corporate, tax, real estate and construction attorneys. This diverse group of authors is based in New England with experience across the US to provide a full view of the trends and challenges for energy infrastructure projects today.
- FERC Proposes Policy Statement on Oil Pipeline Affiliate Contracts October 23, 2020
- Update: First Circuit Revises Prior Decision to Vacate Air Permit in Light of Material Developments September 1, 2020
- Green Power and the 2020 California Blackouts August 20, 2020
- Update: FERC Revises “Tolling” Order Language to Address Recent Court of Appeals Decision; Seeks Legislative Fix July 9, 2020