MassDEP Ocean Wind Turbine Superseding Order Can Be Appealed

A regulatory capture is a form of government failure which occurs when a regulatory agency, created to act in the public interest, instead advances the commercial or political concerns of special interest groups that dominate the industry or sector it is charged with regulating.

MassDEP is expected to issue a Superseding Order of Conditions next week for the Massachusetts ocean wind turbine project.

Superseding Order of Conditions can be appealed :

The Massachusets Department of Environmental Protection brokered the financing of the Falmouth wind turbines using federal stimulus funds. The Town of Falmouth signing the MassDEP Project Regulatory Agreement which also served as a power production agreement made Wind II subject to specific provisions of ARRA and applicable federal regulations and guidelines. The agreement ignored health & safety of residents around the turbines

MassDEP and Town of Falmouth created a substantial and specific danger to public health or safety related to the implementation or use of covered ARRA funds.

The Massachusetts courts shut down the Falmouth nuisance wind turbines June 2017.

F. Appeals At MassDEP

Any appellants seeking to appeal the upcoming MassCEP Department’s Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project.

Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order.

File an Appeal with MassDEP's Office of Appeals and Dispute Resolution

How to file an adjudicatory appeal with MassDEP's Office of Appeals and Dispute Resolution.

https://www.mass.gov/how-to/fi...

OADR Overview

The Office of Appeals and Dispute Resolution (“OADR”) is responsible for receiving all adjudicator appeals of MassDEP’s permitting and enforcement decisions. The OADR is a separate and independent office of MassDEP’s program offices, Regional Offices, and Office of General Counsel (“OGC”). OADR is staffed by Case Administrators, an Administrator of Alternative Dispute Resolution (“ADR”), and Presiding Officers.

https://www.mass.gov/guides/ab...