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Massachusetts

Town Sues FERC, Claims Acts Are Unconstitutional

The town of Deerfield plans to file a negligence claim against the United States government today in its fight against the planned natural gas pipeline through Franklin County. The tort action claims that a 2005 change in the federal Natural Gas Act that gave the Federal Energy Regulatory Commission authority to regulate the transportation and sale of natural gas destined for sale overseas is unconstitutional. Filed under the Federal Tort Claims Act, which gives private parties the right to sue the federal government for damages if they are injured due to the negligence of one of its employees, the claim takes aim at Tennessee Gas Co.’s proposed 36-inch diameter natural gas pipeline and is the latest salvo in the town’s battle to keep the pipeline from passing through its limits.

No More Backroom Deals

To the causal observer, Massachusetts may seem like an unlikely place to open up a new front in the assault on teachers. The state has the highest test scores in the nation, and just this year the National Education Association named its chief executive “America’s Greatest Education Governor.” But on October 20, the Massachusetts Department of Elementary and Secondary Education (DESE) unveiled a draconian proposal that would tie teacher performance, narrowly defined, to teacher licensing. Thousands of educators knew an unmitigated attack when they saw one, and responded accordingly. Late last week, after a massive backlash organized by the Massachusetts Teachers Association — under the leadership of Barbara Madeloni, the recently elected president of the 113,000 member union — the proposal was withdrawn.

Nuclear Plant Depresses Property Values

PLYMOUTH – Encouraged by a decision in the Massachusetts Land Court, anti-nuclear activists are forging ahead with a lawsuit, arguing that the Pilgrim nuclear station in Plymouth and its storage of spent nuclear fuel have hurt property values in the area. The plaintiffs – 11 residents who live within two miles of the 685-megawatt nuclear power plant owned by Louisiana-based Entergy Corp. – are challenging Entergy and the Plymouth officials who approved a permit for the company to build concrete pads for storing nuclear waste in concrete casks. “A project that has these threats and dangers and such a huge impact on the community should be subject to the highest level of oversight by local boards,” said Meg Sheehan, a Cambridge lawyer representing the residents. Sheehan said that Plymouth’s building inspector and zoning board wrongly approved the building permit for Pilgrim and should have required a special permitting process and a public hearing.

Obamacare’s Founding CEO Wants Single Payer In Massachusetts

On his first day as governor of Massachusetts, Donald Berwick promises to set up a commission tasked with finding a way to bring single payer to the Bay State. It'll have report back to him within a year -- ideally sooner. Having run Medicare and Obamacare in Washington for 17 months, he has concluded that the existing hybrid system is too cumbersome and expensive, and that single payer is the right fix. And he's the only candidate in this year's contest who dares to go there. Berwick is an underdog candidate for the Democratic nomination in the 2014 elections -- the most outspoken progressive in the race. A pediatrician, Harvard health policy professor and former health care executive, his talent for -- and obsession with -- health management caught the eye of President Barack Obama, who in 2010 appointed him to be the Administrator of the Center for Medicare & Medicaid Services. "I would claim that I'm the boldest progressive in the race," Berwick told TPM. "We've not minced our words. I say what I believe. I'm the only candidate to support single payer. I'm the only candidate opposing that law that allows casinos in the state." He worries about being seen as the health-care-only candidate when it's not the top concern of Massachusetts residents -- 98 percent of whom have insurance -- and insists he'll also prioritize education reforms and "repairing our very flawed transportation system."
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