John Pike is President of the Conservation Law Foundation.
From: John Pike
Sent: Wednesday, March 22, 2006 1:55 PM
To: Ivey St. John
Cc: Rep.GeneOFlaherty@hou.state.ma.us; Stephen.Pritchard@state.ma.us; Robert.Golledge@state.ma.us; mail@tbha.org; mwp@bizlit.com; nancy@mysticriver.org; pcram@verizon.net; Whelan David; Yan Au
Subject: Expedited Permitting – House 4741
Dear Ivey,
I want to call your attention to two outrageous provisions of this pro-developer bill which are particularly destructive of public rights to protect the environment and tidelands.
1 Section 8 would eliminate the right of ten citizens to intervene in adjudicatory proceedings involving tidelands under Chapter 91.2 Even more outrageous, Section 9 would eliminate the right of ten citizens to seek judicial review by the courts of licensing decisions under Chapter 91, including the right under Chapter 214, Section 7A to obtain court review to prevent environmental damage.
In short, the public would be excluded from all tidelands decision-making notwithstanding that the public has public trust rights reserved long ago under the Colonial Ordinances of 1641-47 and in court decisions. Developers can appeal even if only to gain time. Citizens cannot even to protect their rights or prevent environmental damage. TRUST ME – our government exhorts us; déjà vu all over again at all levels.
-John A. Pike
JAP/dya
cc:
Governor Mitt Romney
State House
Office of the Governor
Room 360
Boston, MA 02133
Representative Eugene O’Flaherty Rep.GeneOFlaherty@hou.state.ma.us
Steve Bailey- Boston Globe bailey@globe.com
Secretary Stephen Pritchard Stephen.Pritchard@state.ma.us
Commissioner Robert W. Golledge, Jr., Robert.Golledge@state.ma.us
Vivien Li –The Boston Harbor Association mail@tbha.org
Michael Parker mwp@bizlit.com
Nancy Hammett, Mystic River Watershed Association nancy@mysticriver.org
Paul Clausen pcram@verizon.net
David Whelan David.Whelan@mwra.state.ma.us
Your comments as a visitor to the SAND website would be appreciated and forwarded for discussion.