Citizen plaintiffs had a significant victory yesterday at Land Court in Boston regarding the Pilgrim Nuclear zoning lawsuit.
The citizens’ legal team spent the afternoon opposing Entergy’s motions to exclude certain evidence from the upcoming trial. Entergy had filed 10 motions to exclude evidence critical to the case, and the judge denied all of them with one minor exception (evidence concerning costs of spent nuclear waste storage at other plants, such as Vermont Yankee).
Perhaps one of the most contentious issues argued yesterday was whether evidence could be used at trial showing that the Town of Plymouth had a ‘special understanding’ with Energy where the permit process could be bypassed. The Plaintiffs have argued that this is illegal.
At a Plymouth Zoning Board of Appeals (ZBA) hearing in 2013, Energy’s lawyer presented information about how the current Town Planner, Lee Hartman, and the past Town Planner, Jack Lenox, had a special agreement with Entergy that they could bypass the special permit process. The judge said yesterday that to the extent that Energy would rely on past practice is unreasonable and Entergy could not base their claim that the town acted properly on this information.
The judge stated that he wants to try the case and hear all the evidence.
The trial is due to take place the weeks of August 8th and August 22nd.