Neighbor News
Falmouth Turbine Judge Appointed By Wind Advocate Gov. Patrick
Initial selection of land court judges in Massachusetts by electronic selection may be adjusted by the court to avoid possible conflicts
The Town of Falmouth Select Board has filed litigation against its own appointed Zoning Board of Appeals over megawatt wind turbines.
On June 8, 2016 at 11 AM the Massachusetts Land Court will hold a case management conference on the wind turbine permits and land use. For all cases subject to Land Court Standing Order 1-04, case management conferences are scheduled by the assigned judge, usually to take place within the first three months after the case is filed.
Cases in Massachusetts Land Court do not have a jury. The Falmouth case will be heard by Judge Robert Foster. Initial assignments to a judge are made through random electronic selection, and the initial selection may then be adjusted by the court either to avoid potential conflicts or to allow related cases to be handled by the same judge.
The Center for Public Integrity in 2013 evaluated the disclosure rules for judges in the highest state courts nationwide. The level of disclosure was poor, with 43 receiving failing grades, making it difficult for the public to identify potential conflicts of interest on the bench. Despite the lack of information in the public records, the Center’s investigation found nearly three dozen conflicts, questionable gifts and entanglements among top judges around the country. Here’s what the Center found in Massachusetts:
In 2013 Massachusetts received a D, earning 4th place among the states for its financial disclosure rules. The state is one of 11 that require judges to file more than one public personal financial disclosure report. The Center graded both the Massachusetts Ethics Commission form and a form filed with the court system to come up with the total score. The state ethics commission seeks information about assets held in trusts, such as family, realty or charitable trusts, in addition to other investments. And it seeks information about real estate sales and purchases within the state
Robert B. Foster is an associate justice for the Massachusetts Land Courts. He was nominated to the court by former Governor Deval Patrick on September 27, 2011.
Former Governor Patrick is a commercial megawatt wind turbine advocate.
Patrick pushed for passage of the Wind Energy Siting Reform Act, a law meant to streamline the process for locating land based wind energy projects. The act would take rights and local control away from cities and towns giving the state boards the right to site wind turbine projects.
If there was any doubt former Governor Patrick is a wind turbine advocate he made Boston-based First Wind CEO Paul Gaynor his Green policy advisor under the Global Warming Solutions Act. Gaynor was also appointed co-chair of the Mass Department of Environmental Protection Advisory Committee. The Massachusetts Department of Environmental Protection has never taken action against any communities with poorly sited megawatt wind turbines.
Under Patrick, Massachusetts today has twenty one communities with poorly placed megawatt wind turbines taking health and property rights with no compensation. In addition the New Bedford Marine Commerce Terminal a supposed ocean wind port has failed. The port bond payments are $187,500.00 a month for 30 years at taxpayer expense and the port remains incomplete.
The New Bedford port under construction by the Massachusetts Clean Energy Center has no cranes, no rail link, no port operator, hurricane gate with only a 120 foot legal clearance and the channel for 5 miles needs 1 million cubic yards of material dredged. A financial fiasco. Massachusetts has no ocean wind turbine port.
Falmouth, Massachusetts is ground zero for poorly placed megawatt wind turbines in the United States.
The Massachusetts Land Court is located at Three Pemberton Square, Boston, Massachusetts
