ELR Citation: ELR 20314
No(s). 7844 (Mass. Feb 27, 1974)

The court affirms a lower court ruling that defendants have complied with the effective provisions of the state Environmental Policy Act with respect to a planned new terminal and parking garage at Logan Airport, but reverses the lower court's holding that the city health department's air pollution control regulations are inapplicable to the project. The exemption provision in the Port Authority's enabling act does not exempt the agency from a regulatory scheme, such as the city's air pollution control regulations, which is designed to alleviate a pervasive public health problem and which, by virtue of the statutes authorizing it, is universally applicable to all private and public entities. Defendants' contention that the remedies provided in these authorizing statutes are available to enforce substantive prohibitions of environmental statutes and regulations but not their procedural requirements is without merit. The broad statements of purpose accompanying the authorizing statutes are incompatible with such a narrow interpretation of the statutory provisions. The court also upholds the lower court's decision not to accept evidence from the plaintiff for the purpose of reviewing defendants' compliance with the state Environmental Policy Act's provision requiring evaluation of the project's impact on the environment and the use of all practical means to minimize environmental damage. The court notes that prima facie compliance has occurred in the form of a finding that the project will have no adverse effect on the environment, and points out that plaintiff's claim would subject defendants to the standards of the Act's provision requiring the preparation and filing of environmental impact reports, which did not become effective until after trial had been held.The lower court's decree dismissing the action is vacated, and the case remanded for further proceedings.

Counsel for Plaintiff
Herbert P. Gleason Corporation Counsel
Peter Koff
Lawrence J. Ball Asst. Corporation Counsel
City of Boston Law Department
One City Hall Square
Boston, MA 02201

Counsel for Defendants
Neil L. Lynch
Massachusetts Port Authority
470 Atlantic Avenue
Boston, MA 02110

John M. Reed
David C. Hawkins
Withington, Cross, Park & Groden
73 Tremont Street
Boston, MA 02108

Joseph L. Cotter
Alix Smullin
Goodwin, Procter & Hoar
28 State Street
Boston, MA 02109

John M. Harrington, Jr.
John Silas Hopkins, III
Ropes & Gray
225 Franklin Street
Boston, MA 02110