Conservation Commission of Brockton v. Department of Environmental Protection

This is an appeal pursuant to the Administrative Procedures Act, G. L. c. 30A, § 14, from a decision of the Department of Environmental Protection (DEP) authorizing the construction of a 350 megawatt power plant (the plant) near the *602Salisbury Plain River. The conservation commission of Brockton (commission) appeals from a judgment entered by a judge of the Superior Court upholding the final decision and order of the DEP on two grounds. First, the commission claims that the judge erred in affirming the DEP’s determination that the project proponent, Brockton Power Company, LLC (Brockton…