Massachusetts’ environmental agencies sides with sand mining company, won’t stop illegal operations, state’s legal filings admit no wetlands permit but says enforcement of wetlands laws “discretionary”
Experts say sand worth $24 million on 50 acre site started in early 2024
CLWC supports Carver Ten Residents fight for environmental protection from illegal mine
Legal filings and affidavits say state DEP lawyer interfered with Ten Residents right to obtain evidence of wetlands violations
On August 7, 2024, a Carver Ten Residents Group continued its advocacy efforts against illegal sand mining in Carver. The Group appealed a wetlands permit issued by the state Department of Environmental Protection (MassDEP) in April 2024. Read more here.
The appeal is at the administrative hearing level at the State Office of Appeals and Dispute Resolution with MassDEP On July 17, 2024, the Group’s wetlands experts used the legal process to attempt to identify the wetlands that could be harmed by the mining operation. Pontiff and MassDEP’s lawyers interfered with the expert’s work. Pontiff refused to let the experts view important wetland areas on the site.
On August 7, 2024 the Ten Residents Group took action:
- They asked the administrative law judge for “discovery” to allow their wetlands expert to view the wetlands. Without knowing where the wetlands are, it is impossible to protect them from the mining operation. The state wetlands law requires MassDEP to protect the wetlands. Read the Ten Resident’s Legal Memo here. See the Exhibits to the Legal Memo here.
- They asked the administrative law judge to remove the MassDEP lawyer from the case. The affidavits of the Ten Resident’s lawyer and experts document the lawyer’s inappropriate actions and interference with the Group’s right to collect evidence of wetlands and to present their case. Read the Ten Resident’s Legal Memo to Remove the DEP Lawyer here.
On October 21, the Ten Residents Group filed rebuttal testimony in the case. This filing is essential to strengthen our case for the final hearing, scheduled for November 7th. Read the rebuttal testimony here.
Read more about this mining operation here and CLWC’s advocacy here.
Most people in MA have no idea! We just watched a video called the Sand Mafia about the loss of sandy beaches around the world. The message about environmental degradation and the effect of sand mining on life on Earth was so powerful! I think it would help you spread your message about the importance of the local sand disturbance and its effect on local life. I don’t have that link, but I did find this one: https://www.facebook.com/watch/live/?ref=watch_permalink&v=591116841836588 and, as I said, it is a worldwide ecological issue.
Thank you so much for your comment! Sand mining, especially surficial extraction and land clearing, is incredibly environmentally destructive. Whole forests, hills and landscapes are gone. In Southeastern Mass, no one is monitoring this activity. Thank you for your comment and please help spread the word!