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THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT

ARGUMENT IS  TENTATIVELY SCHEDULED FOR MARCH 2010
AMICUS SUBMISSIONS ARE DUE ON OR BEFORE FEBRUARY 16, 2010

SJC-10585
Ten Local Citizen Group & others v. New England Wind, LLC, & another

  In this case involving the construction of gravel access roads across several streams protected under the Wetlands Protection Act to access the site of a proposed wind farm development, the issue presented is whether the Superior Court judge correctly ruled that proposed open-bottom culverts under bridges traversing certain streams were subject to the general standard (310 CMR 10.03(1)(a)(3)) for work in a buffer zone rather than the five-part performance standards (310 CMR 10.54(4)(a)) for work on a resource area known as a "bank."

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.

December 4, 2009