MS4 Appeal Status
This email was forwarded by Mike Sullivan this afternoon, which email explains that the coalition of towns appealing the new federal stormwater regulations is entering a litigation phase.
Dear MS4 Contributors,
The following update was provided to MCWRS members via our newsletter. I also wanted to share the latest information with those of you who have contributed to the appeal or plan to.
On August 24, 2016, MCWRS and the Town of Franklin jointly filed a Petition for Review of the U.S. Environmental Protection Agency’s (EPA’s) Final MA Small Municipal Separate Storm Sewer Systems (MS4) General Permit with the First Circuit Court of Appeals in Boston. Prior to the MCWRS/Franklin appeal, the Center for Regulatory Reasonableness (CRR) filed an appeal in the Court of Appeals for the D.C. Circuit, in Washington, D.C. Several events have occurred since these two initial filings. Three additional appeals were filed in the First Circuit – by the City of Lowell, the National Association of Home Builders/Home Builders Association of MA, and the Conservation Law Foundation/Charles River Watershed Association (CLF/CRWA).
The U.S. Department of Justice (on behalf of EPA) has filed a motion to transfer the appeals filed by MCWRS, Lowell, National Association of Home Builders, and CLF to the D.C. Circuit. The transfer request was triggered by the CRR appeal first filed in the D.C. Circuit, and EPA’s submittal of the Administrative Record Index to that court. The appeals are expected to be transferred. Meanwhile, in the First Circuit, MCWRS/Franklin filed a motion to intervene in the CLF/CRWA appeal on the ground that other parties in that case (i.e. EPA) would not protect the municipalities’ interests in that case. CLF/CRWA’s position is that the MS4 Permit does not go far enough. CLF/CRWA have filed motions to intervene in all of the pending appeals.
Our attorneys are prepared to submit briefs and oral arguments in the Court of Appeals for the D.C. Circuit. We will continue to keep you apprised of events related to this critically important action to protect Massachusetts communities’ interests. Read the full press release on the MCWRS website for complete details on the announcement.
Going forward, now that the appeal is filed all communications between MCWRS and its attorneys are privileged and confidential. Additionally, since as public agencies you are all subject to public records laws, we do not want to supply updates via email that may include sensitive information and strategies. Instead, we think a periodic conference call may be the safest and best way to provide our supporters with updates. Of course, we would also not want you to share details of the call content via email with anyone else in your department or other town staff as they would be subject to the same public records regulations. Please let us know if you have any questions or concerns about our planned approach to keeping you updated.
As always, we greatly appreciate your support in this important matter!
Best regards,
Kate
Kate Barrett
Vice President for Public Involvement
Regina Villa Associates, Inc.
51 Franklin Street, Suite 400
Boston, MA 02110
![October 3, 2016 Carol Mayer, Town Clerk Town of Medfield Medfield MA 02052 Re: FY 2017 Appointments to the Warrant Committee Dear Ms. Mayer: I am very pleased to confirm the FY 2017 appointments to the Warrant Committee of the Town of Medfield. I am honored to appoint Abby Marble of 16 Pheasant Road and Tim Nugent of 14 Longmeadow Road to the Warrant Committee for terms which shall expire in 2019. Abby and Tim will succeed Gregory Sullivan and Michael T. Marcucci who served with great distinction as members during their respective terms in office. I am also pleased to affirm the re-appointment of Martha Festa of 16 Quail Run for a new term which shall expire in 2019. Finally, I am pleased to report that the following six members of the Committee are continuing in the service of the Town of Medfield: Sharon Kingsley Tatro of 12 West Street [term expires 2017] Robert M. Skloff of 11 Wheelwright Road [term expires 2017] Barbara Gips of 25 Boyden Road [term expires 2017] John E. (Jack) Wolfe of 17 Harding Street [term expires 2018] Nikolaos Athanasiadis of 30 Quarry Road [term expires 2018] Thomas C. Marie of 72 Pine Street [term expires 2018] I will request that each new and re-appointed member contact you to arrange to take the oath of office at your earliest mutual convenience. As always, thank you for your consideration. Very truly yours, Scott F. McDermott Scott F. McDermott cc: Town Administrator Board of Selectman Warrant Committee TOWN OF MEDFIELD Scott F. McDermott Town Moderator FY 2017 Warrant Committee Barbara Gips of 25 Boyden Road [term expires 2017] Sharon Kingsley Tatro of 12 West Street [term expires 2017] Robert M. Skloff of 11 Wheelwright Road [term expires 2017] John E. (Jack) Wolfe of 17 Harding Street [term expires 2018] Nikolaos Athanasiadis of 30 Quarry Road [term expires 2018] Thomas C. Marie of 72 Pine Street [term expires 2018] Abby Marble of 16 Pheasant Road [term expires 2019] Tim Nugent of 14 Longmeadow Road [term expires 2019] Martha Festa of 16 Quail Run [term expires 2019] Martha Festa shall serve as Chairwoman of the committee. TOWN OF MEDFIELD Scott F. McDermott Town Moderator APPOINTMENTS TO THE MEDFIELD WARRANT COMMITTEE 2003-2016 In accordance with the Medfield Town Charter, the Moderator has the duty and privilege of appointing the members to the Warrant Committee. The Warrant Committee plays an exceptionally important role in the legislative, administrative, and financial activities of the Town of Medfield. The committee reviews, evaluates, and makes recommendations to the town meeting regarding all warrant articles including the annual town operating and capital budgets. The Warrant Committee further fulfills all the duties and responsibilities of a finance committee as stipulated in the Massachusetts General Laws. Medfield’s Warrant Committee has a proud and dedicated heritage of service to Medfield based upon collaborative deliberation, open dialogue, study and attention, and experience and insights. The following is a list of Warrant Committee members I have proudly appointed or re-appointed in my fourteen (14) terms as Medfield’s Moderator. I thank all of them for their special service and commitment. Nikolaos Athanasiadis Joanne Bragg Stephen S. Curran Edward P. Doherty Martha Festa David Fischer Mark Fisher Barbara Gips Richard E. Gordet Diane Hallisey Joanna Hilvert William Johnson Abby Marble Michael T. Marcucci Thomas C. Marie Robert Morrill Debbie Mozer Gustave H. Murby Tim Nugent Stephen Pelosi Randy Rogers Victoria Schepps Thomas J. Schlesinger James O’Shaughnessy James Shannon Robert M. Skloff Caroline Standley Catherine Steever Gregory Sullivan Sharon KinglseyTatro Maryalice Whalen Mary Wilson John (Jack) Wolfe TOWN OF MEDFIELD Scott F. McDermott Town Moderator Respectfully submitted: Scott F. McDermott](https://medfield02052.blog/wp-content/uploads/2016/10/20161003-smcd-medmod-warrant-committee-appointments-2016-2017_page_2.jpg?w=500)
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