Massachusetts SJC Sets Review Standard for Section 61 Findings under MEPA.

Mondaq Business Briefing, September, 2003

In a recent decision, the Supreme Judicial Court of Massachusetts for the first time articulated a specific standard of review of agency findings under G.L. c. 30, s. 61 ("s. 61 Findings"), but adopted the position that s. 61 Findings should be based on the record established during the preceding environmental review process under the Massachusetts Environmental Policy Act (MEPA).

In Sierra Club v. Commissioner of the Department of Environmental Management, SJC-08857 (July 14, 2003), the SJC vacated a judgment of the Superior Court (after transferring the case from the Court of Appeals), which enjoined the Commissioner of the Department of Environmental Management (the commissioner) from authorizing or permitting Wachusett Mountain Association, Inc. (WMA) to implement...