SJC Issues Important Decision Affecting MEPA Appeals

Originally published January 28, 2010

This article was prepared by Nutter's Land Use, Permitting and Development Practice Group with primary authorship by Karen Z. Bell

The Supreme Judicial Court (SJC) recently issued a decision in Town of Canton v. Commissioner of the Massachusetts Highway Department et al., No. 10431, slip op. (Mass. Jan. 19, 2010) which has clarified the law governing appeals commenced under the Massachusetts Environmental Policy Act, G.L. c. 30, §§ 61-62H (MEPA).

The appeal in this case was taken by the Town of Canton, seeking judicial review of a determination by the Secretary of the Executive Office of Energy and Environmental Affairs (the "Secretary") that certified a Final Environmental Impact Report (FEIR) for the Westwood Station project, a large mixed-use development project located in Westwood, near the Canton line. The Town argued that the FEIR was inadequate because of its failure to address the proposed project's traffic