The Conservation Law Foundation (CLF) announced last week it has filed an appeal on behalf of more than ten residents of East Boston to stop construction of the highly controversial Eversource substation in East Eagle Square. The state’s Department of Environmental Protection (DEP) recently granted a license to the substation.
In its appeal CLF argues state officials shut the community out of the planning process for the project, wrongfully characterized the substation as a water-dependent use, and failed to consider the negative impact on environmental justice populations.
“Allowing this substation to be built ignores community voices and established law in Massachusetts,” said Vice President of Environmental Justice at CLF Staci Rubin,. “If the loud community opposition wasn’t enough to sink this project, the proposed site should be reserved for uses that must be on the water, not energy infrastructure that can be located elsewhere. It’s time for state officials to evaluate this project on its merits instead of rubber stamping Eversource’s requests.”
CLF’s appeal challenges the site’s Chapter 91 state waterfront license. Massachusetts’ Chapter 91 regulations require waterfront projects to provide certain community benefits that are greater than project detriments. CLF argues by mischaracterizing this project as a water-dependent use, Eversource and state officials are effectively sidestepping more rigorous review and public benefit requirements that should be required for this site.
Eastie residents were promised an athletic field and natural flood protection buffer on the Condor Street property, which was City land until Eversource was given the prime waterfront site in a hastily arranged land swap with the City to build the new Bremen Street Branch Library. Eversource owned the land the current library sits on but was given city land on the Chelsea Creek so the library could be built.
Prior to the land swap, the City’s Inspectional Services Department granted Eversource a complete waiver on basic City review of the project. The City gave Eversource this rarely-given blanket waiver without any notice to neighbors or opportunity for comment.
Boston Mayor Michelle Wu has consistently stated her opposition to the substation as a City Councilor, appearing at events and rallies in Eastie against the facility at its proposed location. Wu also signed the joint letter with other elected leaders in December 2020.
Despite widespread community opposition as well as opposition from over a dozen Massachusetts elected officials the state’s Energy Facilities Siting Board (EFSB) unanimously approved Eversource’s highly controversial plan to build a new substation in February 2021.
Despite state Energy and Environmental Affairs Secretary Kathleen Theoharides saying at Monday’s hearing that the substation would be placed in a “heavily, heavily industrialized area within an environmental justice community that has historically suffered disproportionate environmental harms and a heavy burden of infrastructure” she still voted in favor of Eversource’s plans as an EFSB board member.
The project was then granted a license from the DEP.
Elected officials led by US Senators Edward Markey and Elizabeth Warren, Senator Lydia Edwards, State Representative Adrian Madaro and Congresswoman Ayanna Pressley went on record in a joint letter affirming their support of Eastie residents and opposition to the proposed substation location.
The substation is the subject of numerous pending appeals and legal challenges at the state level from Eastie residents and organizations.
The environmental justice organization GreenRoots then filed suit challenging the Board approval in the state’s Supreme Judicial Court. Attorney General Massachusetts Attorney General Maura Healy declined to defend the state Siting Board approval, and the Siting Board has been compelled to seek outside legal counsel to defend their decision.
During Boston’s Municipal Election in November a non-binding ballot question was posed to voters here and across the city asking if the substation should be sited in East Eagle Square. An overwhelming number of voters thought Eversource should not build a substation in Eastie and seek a nearby alternative location such as non-residential Massport land at Logan Airport.
During the election 5,755 Eastie voters voted “NO” on Question 2 with only 600 voting “YES”. A NO vote meant that the voter opposed building the substation at the proposed East Eagle Square location and favored locating the facility at a secure location such as Logan Airport.
Citywide 101,953 voters voted “NO” on the ballot question with only 19,797 voting “YES”. At 101,953 NO votes against the substation received the largest single vote total for any ballot measure or candidate in Boston over the last 17 municipal elections according to the City of Boston Election Department records.
Historically, a non-binding ballot question provides information to elected officials and the public of voter sentiment on a particular issue and it seems most Bostonians are on Eastie’s side when it comes to this particular issue.