Newbay Corp. v. Sisson

This matter was before the court on appeal of the Coastal Resources Management Council (CRMC) from an order granting the plaintiffs’ motion for summary judgment.

The plaintiffs, Newbay Corporation, Caithness RICA Limited Partnership, and Rhode Island Cogeneration Associates (collectively Newbay), had filed a complaint for declaratory judgment against CRMC and its acting chairman. The complaint alleged that the Energy Amendments which were promulgated by CRMC in 1978 are void as beyond CRMC’s authority, and that these amendments had been preempted by the Energy Facility Siting Act (EFSA), G.L.…