Board told town probably lacks standing; private plaintiffs and pro bono counsel proposed

The Blasting Advisory Board received an update on legal strategy and standing for a prospective lawsuit challenging state-level blasting rules.

Speaker 1 summarized counsel’s advice: "the town does not have standing for the lawsuit" when the governing authority is at the state level, so the town as an entity cannot easily challenge the state regulation directly. As a result, board members discussed recruiting private plaintiffs — residents or business owners affected by blasting — to be named in any litigation.

Speaker 1 said attorneys familiar with the issue have done much of the legwork and that representation for plaintiffs is being proposed on a pro bono basis. "The attorneys on our side representing our interests would do it pro bono," Speaker 1 said, while noting that plaintiffs would likely need to cover certain hard costs such as travel or lodging. Members raised concerns that plaintiffs who lose might be responsible for some costs in state court depending on claim type and that fundraising would be necessary.

The board did not take a formal vote on joining a lawsuit as a named plaintiff; members were advised that interested individuals could pursue individual legal action and that the board’s role would be supportive rather than as the named plaintiff. Speaker 1 said further details and formal recommendations will be shared as counsel’s analysis continues.