SPRINGFIELD — The City Council is braced for another court battle against a proposed biomass power plant in East Springfield, voting Tuesday to accept continued free legal assistance from the Conservation Law Foundation.
Palmer Renewable Energy, the developer, recently filed an appeal with the Massachusetts Land Court seeking to restore two city building permits for a $150 million facility at 1000 Page Blvd.
The Zoning Board of Appeals ruled May 5 that the permits for the proposed 35-megawatt wood-to-energy plant, issued in 2011, had expired. The decision was prompted by a City Council challenge.
Palmer Renewable Energy’s appeal lists the Zoning Board and the City Council as defendants. The Zoning Board is represented by the city’s Law Department.
The City Council voted unanimously on Tuesday to accept continued pro bono assistance from the Conservation Law Foundation, a Boston nonprofit organization that offers legal assistance and other expertise aimed at environmental protection.
The pro bono assistance was initially secured in March, but needed to be extended with the new court appeal, said City Councilor Jesse Lederman. Lederman said he is “very glad” for the continued help from the foundation.
Palmer Renewable Energy, in its appeal, states the Zoning Board of Appeals’ decision exceeds the authority of the board. In addition, the decision “does not provide any sufficient reason why four members of the ZBA voted to find that the Building Permits were no longer valid and had expired.”
The vote was 4-1 to revoke the building permits.
Opponents of the biomass project say it will worsen air pollution and harm public health. The developer and supporters have stated it does not pose a public health threat and will generate jobs and tax revenue.
Palmer Renewable Energy and the City Council have faced off in court before. In 2011, the company successfully sued after the council revoked a special permit for the project.
The Zoning Board’s decision to nullify the building permit followed the state Department of Environmental Protection’s decision April 2 to revoke its air permit for the project.
MassDEP cited prolonged delays in construction as well as “environmental concerns.” Palmer Renewable Energy immediately filed an appeal, asking the state to reverse its decision.
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