A Cranberry Recipe for Citizen Rulemaking

Abstract

Under the Massachusetts Clean Water Act, a loophole exists that allows fertilizer-laden waters to escape “wet crop” farms and to flow into nearby waterways, causing detrimental effects. Blackmore Pond, located near Cape Cod, Massachusetts, has seen such effects, and its residents are eager for change. Considering that past lawsuits have failed to close the wet crop loophole, the residents of Blackmore Pond may petition the Massachusetts Department of Environmental Protection to amend the Massachusetts Clean Water Act regulations. The Massachusetts Department of Environmental Protection may accept the proposed amendments, in which case the residents of Blackmore Pond will have achieved success in closing the wet crop loophole, or reject the amendments, in which case the residents will be able to challenge this decision through judicial review. Citizen petitions for rulemaking are a seldom-used, powerful means for ordinary citi-zens to effect change.