Sudbury Dealt Blow In Transmission Line Case After SJC Ruling

SUDBURY, MA — For the second time in nine months, the state Supreme Court has ruled against Sudbury in a legal battle over an Eversource project that would bury power lines under a former rail line that runs across the town.

On Friday, the Supreme Judicial Court (SJC) upheld a December 2019 Energy Facilities Siting Board (EFSB) decision granting Eversource permission to build an underground transmission line from a substation in Sudbury to one in Hudson. The power lines would run through Sudbury along a 4.3-mile former MBTA corridor. The state Department of Conservation (DCR) and Recreation wants to pave the corridor for use as a portion of the Mass Central Rail Trail.

"Our role is not to substitute our judgment or the petitioners' judgment for that of the board, however, and we see no legal basis for disturbing the board's careful and reasoned decision in this case," Friday's ruling said.

The SJC ruling says Eversource's reason for building the transmission line — to provide additional energy resources in the area — was valid and the EFSB carefully considered whether the project needed approval.

Friday's ruling is the latest twist in a long, expensive legal battle waged by the town and the group Protect Sudbury.

In 2017, Sudbury sued the MBTA saying the transit agency needed approval from the state Legislature to offer the land to Eversource because the land was once going to be used for a commuter rail line. The state Land Court tossed the lawsuit in 2018, and the town appeal to the SJC.

In September, the SJC ruled against Sudbury in that lawsuit. The case revolved around a doctrine called "prior public use," which says public land acquired for public use "may not be diverted to another inconsistent public use unless the subsequent use is authorized by plain and explicit legislation."

Sudbury has spent thousands trying to stop the transmission line project. This spring, Town Meeting approved a $150,000 expense to hire experts and continue fighting the project. Meanwhile, Protect Sudbury took in more than $330,000 in donations to fight the project in recent years, according to the group's tax returns.

You can read Friday's full ruling here.