CCIAOR Releases Statement on Conservation Law Foundation's Intent to Sue Barnstable and Mashpee

You may have seen news today of an intention by the Conservation Law Foundation to file a lawsuit against the Town of Mashpee and the Town of Barnstable and the Massachusetts Department of Environmental Protection (DEP) over septic systems putting nitrogen and phosphorus pollution into the region’s waters. The lawsuit seeks several remedies, one of which would be a halt to approving septic inspections or the installations of new septic systems that are not innovative alternative systems within the two towns.

CCIAOR opposes the proposed remedy of halting septic inspections and installations of new systems. This proposed remedy doesn't actually make the waterways any cleaner and does not stop discharge from those already living in houses. It is filed in bad faith from the start and aims to manufacture drama and create economic harm, not waterway improvements. This would only hurt homeowners and put attainable housing for year round Cape Codders further out of reach.

CCIAOR is fully prepared to aid the towns’ case against the remedy being sought in any way needed.

We believe, have advocated for, and will continue to do so, a wastewater system in the Town of Mashpee, expansion of the current system in Barnstable, and other proven methods to reduce nitrogen effluent. Mashpee took an important step towards this goal at their spring town meeting, voting in favor of proceeding with and funding wastewater facility design work.

CCIAOR has been actively involved in promoting cleaning up the Cape’s waterways.

• Passing the Water Infrastructure Town Plan in Mashpee, which starts the process of building a sewer infrastructure and allocates the funding toward the plan;
• Working to ensure short-term rentals are regulated, but allowed, ensuring occupancy restrictions are followed and short-term rentals contribute to cleaning up the Cape’s waterways through both the local town imposed tax and the Cape Cod Water Protection Trust Fund additional tax;
• Championing policies that create more housing in a nitrogen-neutral capacity.

We will continue to keep you updated as more information becomes available about the lawsuit, and as the lawsuit proceeds through the court system. The Massachusetts Association of REALTORS legal staff is reviewing the proposed complaint, and we provide any additional legal guidance for you and your clients, if needed.