Massachusetts High Court Affirms the Public’s Rights in Coastal Waters and Streamlines Approval of Their Use for Energy Facilities

Client Advisory
October 19, 2010

This Client Advisory discusses the Massachusetts Supreme Judicial Court’s decision that the state’s Land Court has no authority to terminate the public’s rights in Massachusetts tidelands and the Supreme Judicial Court’s more recent decision that streamlines the development of energy facilities that use tidelands by confirming that the state Energy Facilities Siting Board may stand in the shoes of the Massachusetts Department of Environmental Protection in issuing a composite permit for the Cape Wind project’s power transmission lines.

View Client Advisory (PDF)