ELR Citation: 52 ELR 20002
No(s). 21-1131 (1st Cir. Dec 17, 2021)

The First Circuit affirmed the Massachusetts Department of Environmental Protection's (MDEP's) decision to issue an air permit for a natural gas compressor station in Weymouth, Massachusetts. Neighboring cities and individuals argued MDEP failed to follow its own established procedures by eliminating an electric motor as a possible alternative to a gas-fired turbine for the new station, and the court remanded to MDEP to assess whether an electric motor was what state regulations called the "best available control technology" (BACT). MDEP again determined that an electric motor was not BACT for the station and reaffirmed the air permit. The court found that the Department's actions on remand were neither arbitrary nor capricious, and therefore denied the cities' and individuals' petition for further review and affirmed MDEP's decision after remand.