Preserve Citizen's Right to Appeal in
Wetlands Protection 

Updated September 20, 2007

Success! Your comments, as well as comments by CRWA and MassAudubon, convinced Executive Office of Energy and Environmental Affairs Secretary Ian Bowles to keep the rights of 10 citizens to appeal in wetlands cases as part of the new wetlands regulations.

542 people thus far have supported the issue of 'citizens wetlands appeals' on the Deval Patrick Committee website (see grey sidebar). Click here to read the letter that CRWA and more than 30 other environmental organizations sent to Governor Patrick

Click here to read the letter of response that Ian Bowles sent to CRWA.

Read the editorial that appeared on August 6th in the Boston Globe on the wetlands appeals issue.

Original Action Alert - July 9, 2007:

Take action online to register your opposition to the proposed elimination of citizens' wetlands appeals! Click here to go to the Deval Patrick Committee website and support the 'Citizens' Wetland Appeals' issue (see complete instructions in the grey sidebar).

Citing a loss of business to Texas and North Carolina , Governor Patrick announced in February that Massachusetts would begin to “permit at the speed of business.”  He singled out wetland appeals, which comprise the majority of environmental administrative appeals for reform and streamlining.  Not enough Administrative Magistrates to hear and decide the appeals and only one hearing room at the Division of Administrative Appeals (DALA) led to a back up of environmental permit appeals -- in some instances appeals have been delayed for several years. 

While MA DEP convened an advisory committee on which CRWA sat, DEP’s focus was on eliminating wetland adjudicatory appeals -- where evidence is presented, witnesses testify and are cross- examined – entirely. When committee members objected on the grounds that procedural due process requirements prevented this, DEP turned to constricting who can appeal and circumscribing the timeline for a wetland appeal. 

The proposed changes to the wetland regulations eliminate the long-standing right of 10 townspeople and abutters to a project to appeal a bad decision by DEP in a wetlands case (a Superceding Order of Conditions or Determination of Applicability) for an adjudicatory hearing. Under the changes, only applicants, conservation commissions and persons meeting the legal standard of “aggrieved” will now be able to commence an appeal. 

Click here for a fact sheet on proposed changes to wetlands protection.

The right to appeal is basic to ensuring strong wetlands protection.  Resident group appeals are not responsible for the current delays in wetland appeals. In 2006, there were only four appeals by resident groups.  Moreover, DEP reports that 60% of all wetland appeals are currently being resolved at the initial prescreening phase.  Most importantly, citizen appeals and the threat of such appeals challenge DEP to write better permits and result in stronger environmental protection. 

Under the draft regulations, appeals will now be heard within DEP instead of by an independent Administrative Magistrate.  No matter how capable the person presiding at DEP, it will be difficult to avoid a bias toward DEP. The changes also establish strict timelines: all wetland appeals must be heard in four months or less from appeal and hearings are normally limited to one day. Deadlines for filing testimony are tight and do not provide for supplementing the evidence thereafter. DEP is also given discretion to “opt out” of participating in the appeal, even thought it is DEP’s decision that is being appealed.  Click here to read the proposed changes to the wetlands regulations on DEP's website.

Read the testimony of CRWA Deputy Director Margaret Van Deusen on wetlands appeals streamlining.

CRWA is concerned that these changes, which pose significant roadblocks to citizen appeals, will significantly weaken wetland protection. Please take action by attending a public hearing or submitting your comments via a letter or online - see the grey sidebar for complete details.