Massachusetts Supreme Judicial Court Upholds Decision to Let Dangerous Substation Go On

Ruling underscores need for stronger legal protections

The waterfront site near the dangerous electric substation proposed by Eversource in the Eagle Hill community in East Boston. The jet fuel tanks and other infrastructure in the background highlight the need for climate justice in this community.

Eversource wants to build a dangerous electric substation in East Boston's Eagle Hill neighborhood. Local residents – many of whom have limited proficiency in English – oppose the plan. Photo: Ed Lyons, CC BY-NA 2.0

September 11, 2024 (Boston, MA) — In a disappointing turn for East Boston, the Massachusetts Supreme Judicial Court upheld the Energy Facilities Siting Board’s approval of Eversource’s proposed substation. This decision strikes a blow to environmental justice efforts, underscoring the ongoing struggles vulnerable communities face advocating for their safety and protection from harmful infrastructure projects.

“We are profoundly disappointed with this decision,” said Anxhela Mile, Conservation Law Foundation Staff Attorney. “East Boston residents endure major pollution and other environmental hazards that threaten their health and safety, and this project was poorly sited in a flood-prone area. Despite widespread community opposition, the court has chosen to move forward, underscoring the urgent need to reform how the Commonwealth permits energy infrastructure and assesses the cumulative environmental and health risks a community faces. As we evaluate the potential impacts of this decision, CLF will continue to stand alongside East Boston residents, advocating for stronger, more inclusive policies that prevent environmental harm and prioritize the well-being of all communities.”

The substation—set to be built near homes, parks, and a playground—is poorly located and did not involve meaningful community engagement. The court’s decision to allow the project to move forward, despite these concerns and overwhelming opposition from the community, is a stark example of how environmental justice principles are far too often overlooked in critical decisions.

CLF experts are available for further comment.

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