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Proposed biomass plant in East Springfield.
(File photo / The Republican)
SPRINGFIELD - The state Supreme Judicial Court recently upheld the legality of a proposed $150 million biomass plant in East Springfield, rejecting an appeal that was filed by residents and the City Council.
Palmer Renewable Energy, which has been pursuing the wood-to-energy plant at Cadwell Drive and Page Boulevard for the past seven years amidst legal challenges, said it looks forward to "bringing the project to fruition."
The Supreme Judicial Court, which is the highest court in Massachusetts, became the third court to rule in favor of the project, officials said. It upheld prior rulings of the Massachusetts Appeals Court and the Massachusetts Land Court.
One of the plaintiffs, Michaelann Bewsee, said the court fight appears to be over, but there are additional options available to challenge the project.
"We were disappointed but not surprised," Bewsee said. "However we still have a few other cards to play."
The Springfield Public Health Council is considering if it should conduct a site assignment hearing for the biomass project.
Thomas A. Mackie, a Boston lawyer representing Palmer Renewable Energy did not comment on the company's next steps. The company had two building permits issued for the project that had been on hold during the legal challenges.
"This ruling closes an important chapter in our effort to bring a $150 million green energy project to the City of Springfield," Mackie said, "The SJC's decision clearly and emphatically reaffirms that Palmer Renewable Energy has complied with every legal requirement and met every environmental standard needed to move forward."
The City Council had voted 7-0 to file the challenge with the Supreme Judicial Court, along with residents. The council was represented in legal challenges pro bono by local lawyer Patrick J. Markey.
"We continue to oppose this project; however, this decision marks the end of the case," Council President Michael Fenton said. "The Council fought this to the highest court in the land and we did it without a penny of taxpayer funds. We'd like to expressly thank Attorney Markey for his generous and talented services."
Building Commissioner Steven Desilets said the city has not received any notice yet from Palmer Renewable Energy, regarding if it will proceed.
The City Council had granted a special permit for the biomass project in 2008, and then revoked the permit. Palmer Renewable Energy successfully argued before the three state courts that the special permit was not required because the plant was not an incinerator and the company could build by-right in that zone.
The biomaas project opponents say the plant will worsen pollution and harm public health. Proponents say the project will not harm public health and meets environmental guidelines.
"People need to remember that the Land Court decision had nothing to do with the health impacts of the project, but was only whether or not PRE was correctly defined as an incinerator," Bewsee said.
At-Large City Councilor Timothy Rooke, a supporter of the biomass project, said his belief was that it was a land use issue, and that the site was properly zoned for such an industrial use.
That was "drowned in political saber rattling," Rooke said, who did not attend the special council meeting to vote on the appeal.
"In the end, the courts decided what many of us on the City Council knew," Rooke said. "But for some reason, others chose the political path rather than the practical path."