Massachusetts General Laws

Mass. Gen. Laws ch. 164, § 69P (2026)

Judicial review

✓ current as of July 2026

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[Text of section effective until March 1, 2026. For text effective March 1, 2026, see below.]

Section 69P. Any party in interest aggrieved by a decision of the board shall have a right to judicial review in the manner provided by section five of chapter twenty-five. The scope of such judicial review shall be limited to whether the decision of the board is in conformity with the constitution of the commonwealth and the constitution of the United States, was made in accordance with the procedures established under section sixty-nine H to section sixty-nine O and with the rules and regulations of the board with respect to such provisions, was supported by substantial evidence of record in the board's proceedings; and was arbitrary, capricious or an abuse of the board's discretion under the provisions of section sixty-nine H to section sixty-nine O.

Chapter 164: Section 69P. Judicial review

[Text of section as amended by 2024, 239, Sec. 71 effective March 1, 2026. See 2024, 239, Sec. 139. For text effective until March 1, 2026, see above.]

Section 69P. Any party in interest aggrieved by a final decision of the board or the director shall have a right to judicial review in the manner provided by section 5 of chapter 25. The scope of such judicial review shall be limited to whether the decision of the board or the director: (i) is in conformity with the Constitution of the Commonwealth and the United states Constitution; (ii) was made in accordance with the procedures established in section 69H to 69O, inclusive, and section 69T to 69W, inclusive, and the rules and regulations of the board with respect to such provisions; (iii) was supported by substantial evidence of record in the board's proceedings; or (iv) was arbitrary, capricious or an abuse of the board's discretion under said section 69H to 69O, inclusive, and said section 69T to 69W, inclusive.

Notes of Decisions

Cited in 19 cases (2 in the last 5 years), 1978–2025 · leading case: Providence & Worcester R.R. v. Energy Facilities Siting Bd., 899 N.E.2d 829 (Mass. 2009).

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Providence & Worcester R.R. v. Energy Facilities Siting Bd., 899 N.E.2d 829 (Mass. 2009). · cites it 6× “9 See G. L. c. 164, § 69P, and G. L. c. 25, § 5.”

All. to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Bd., 457 Mass. 663 (Mass. 2010). · cites it 5× “Three of the interveners in the certificate proceeding appeal from the siting board’s decision pursuant to G. L. c. 164, § 69P, and G. L. c. 25, § 5: the Alliance to Protect Nantucket Sound (Alliance), the commission, and the town of Barnstable (Barnstable) (collectively,…”

Box Pond Ass'n v. Energy Facilities Siting Bd., 435 Mass. 408 (Mass. 2001). · cites it 3× “25, § 5, as permitted by G. L. c. 164, § 69P. After the final decision was issued, IDC submitted a compliance filing to the board indicating that, in place of two Siemens Westinghouse turbines, it intended to use two General Electric turbines.”

Tofias v. Energy Facilities Siting Bd., 435 Mass. 340 (Mass. 2001). · cites it 5× “G. L. c. 164, § 69P. The trust does not challenge any aspect of the proposal for the actual power generating facility, but objects to the proposed overhead transmission lines that would connect the plant to an existing electric company transmission line.”

Plymouth Cnty. Nuclear Info. Comm., Inc. v. Energy Facilities Siting Council, 372 N.E.2d 229 (Mass. 1978). · cites it 3× “25, § 5, as permitted by G. L. c. 164, § 69P. Edison moved to dismiss each appeal on the ground that neither was commenced seasonably.”

All. to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Bd., 858 N.E.2d 294 (Mass. 2006). · cites it 2× “25, § 5, and G. L. c. 164, § 69P. The single justice reserved and reported the case without decision to the fuU court.”

City Council of Agawam v. Energy Facilities Siting Bd., 776 N.E.2d 1002 (Mass. 2002). · cites it 2× “Pursuant to G. L. c. 164, § 69P, and G. L. c. 25, § 5, the city council appealed from the board’s decision to the county court.”

Town of Andover v. Energy Facilities Siting Bd., 435 Mass. 377 (Mass. 2001). · cites it 2× “25, § 5, and G. L. c. 164, § 69P. Section 69P states that “[t]he scope of such judicial review shall be limited to whether the decision of the board is *379 in conformity with the constitution of the commonwealth and the constitution of the United States, was made in accordance…”

City of Brockton v. Energy Facilities Siting Bd. (No. 1), 14 N.E.3d 167 (Mass. 2014). · cites it 3× “The city, the town of West Bridgewater (town), and a group of residents of the city and the town (residents), all interveners in the proceedings before the board (collectively, interveners), filed appeals in the county court pursuant to G. L. c. 164, § 69P, and G. L. c. 25, § 5.”

Town of Barnstable v. Massachusetts Energy Facilities Siting Bd., 25 Mass. L. Rptr. 375 (Mass. Super. Ct. 2009). · cites it 4× “See G.L.c. 164, §69P. The Town is a party in interest in the EFSB proceedings with such appellate rights.”

Massachusetts Mun. Wholesale Elec. Co. v. Energy Facilities Siting Council, 580 N.E.2d 1028 (Mass. 1991). “4 Pursuant to G. L. c. 164, § 69P (1990 ed.), and *187 G.”

Brockton Power Co. LLC v. EFSB/City of Brockton v. EFSB (No. 2), 469 Mass. 215 (Mass. 2014). “1), supra, and is set forth in G. L. c. 164, § 69P. 6 The board’s evidentiary rulings are entitled to deference, and the appellants bear the burden of showing that the board’s decision is invalid.”

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