Letter to the Editor: In the Fight Against Big Energy, Dedham Needs to Come Together, Not Split Apart

Dear Citizens of Dedham,

I know that many of you are rightfully concerned about the planned Spectra gas pipeline in Dedham. I am hopeful this letter can provide some clarity on the matter and review our consistent and staunch opposition to the project from day one. In order to best fight this project we need to come together. and I think a step by step review of the events leading up to the present will help citizens understand our decision making and see the resolve of our opposition.

As many of you know this project is a Federal project, and as such any local bylaws or ordinances we have are completely overridden by Federal authority. The project has been approved by the Federal Energy Regulatory Commission, and we are left with no formal say over what happens. Our local legal process is irrelevant. Furthermore, The board was never consulted on anything related to this project nor were we asked if we wanted it. The answer, obviously, would have been No.

There is a regulatory framework for us to oppose the project. From day one the town of Dedham and the Board of Selectmen have staunchly opposed this project within that framework. In order for us to access this process, the town first needed to file for “Intervenor” status on the project with FERC, something which was done last winter. This gave us legal standing to appeal the project within the available regulatory framework. This was our first important move.

In the fall when the project was being reviewed by FERC, we voted 5-0 to authorize town counsel to send an EXTENSIVE letter to FERC detailing our concerns about the project. Many of these are the same concerns that many of you have brought to us in recent weeks. Unfortunately they were more or less dismissed by FERC in their final Environmental Impact Statement approving the project. This was much to our disappointment.

After the project was approved by FERC, the next step available to us was to file a formal legal appeal with FERC asking for them to re-do the Environmental Impact Statement. This would basically be a complete re-review the project. We filed this appeal about two months ago with FERC and it is pending. We are hopeful that FERC will see that this project is flawed and dangerous and a more extensive review is required, but historically 95% of such appeals are rejected by FERC.

If FERC rejects our request for a rehearing, we retain the right to file an appeal in federal court. This would be an expensive and lengthy process with an uncertain outcome, but also a very strong move of resistance by the town. We need and ask for your feedback in making this decision. I think it is likely a worthy investment by the town to protect the environmental health and public safety, but I am only one part of the process in our decision making.

Many have asked why we granted local permits for Spectra to proceed or a small easement for the project and questioned if this meant we approved the project. The answer is no. Unfortunately we had no choice but to grant the permits and the easement. Denial of permits was not a realistic way to oppose the project or a useful expense of your tax dollars.

The reason is simple. As I mentioned above, our local bylaws have NO authority because this is a Federal project. The FERC approval gives Spectra the right to complete the project regardless of whether they meet our local laws or not. If we had denied the permits Spectra would have taken us to court for eminent domain. We were advised by town counsel we would have a 0% chance of winning any Eminent Domain suit against us and that the matter would be “fast tracked” so the decision would have been made within a day or two.

As a board we met and discussed this matter extensively. We did not feel it was a good use of tax dollars to get the town in an Eminent Domain lawsuit that would have a 0% chance of winning or even delaying the project. We also could have exposed the town to financial damages suit by Spectra. Again we did not feel this was a good risk or use of your money because it had a 0% chance of ultimately stopping or even delaying the project. If the denial of permits had even a small chance of delaying or stopping the project I would have favored it.

I am personally committed to finding a more meaningful way to oppose the project that is worthwhile investment of taxpayer resources with the best possible chance of being successful. As a physician with a Master’s degree in Environmental Health I have been appalled at the lack of regard for protection of public health and safety in this process, and the inadequacy of the environmental review leading up to this massive project’s approval.

The town of Dedham is in a very difficult spot here. We are the little guy and the underdog in a fight against “Big Energy” and the deck is stacked against us. As a community we need to come together to fight this project. Divisiveness and blame only serves to strengthen our opponents and weaken our resistance. I believe the town thus far has mounted a firm, rational opposition to this project within the regulatory framework at hand in a way that does not put the town at undue risk or liability or waste your tax dollars.

I encourage you all to continue to make your voices known to us, and to your representatives in state and local government. We ultimately need the support of Congressman Lynch, Senator’s Warren and Markey, Governor Baker and Attorney General Healy on our side and I encourage all concerned citizens to reach out to them. The odds are against us, but I know if we come together we have the best chance to defeat this.

Sincerely,

Dr. Dennis Teehan, MD MPH

Town of Dedham Board of Selectmen