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Falmouth Select Board says it will not appeal DEP discharge permit for Easterly facility

Falmouth Select Board · April 2, 2026
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Summary

After reviewing the final Department of Environmental Protection discharge permit for the Easterly facility, the Select Board met in executive session and decided not to file an appeal, saying the permit 'was as good as we were gonna get.' Private groups have filed appeals that will proceed separately.

Bob Moscally, chair of the Falmouth Select Board, said the board met in executive session and decided not to pursue an appeal of the Department of Environmental Protection discharge permit for the Easterly facility. "We decided that we didn't feel it was in the best interest for the town to pursue an appeal," Moscally said.

Moscally told viewers the final permit was issued on Feb. 19 and that there is a 30-day window for filing appeals. He said the board concluded the permit "was basically what we had asked for," and that the town had likely received as favorable terms as it could obtain through the permitting process.

Moscally acknowledged that private individuals and local organizations have filed appeals. "There are some private individuals, and the Association to Protect Cape Cod and the Kuna Meset River Fund Trust Fund have instituted appeal[s] as we understand it," he said; the Select Board said it will monitor how those appeals progress through the legal process.

The decision to decline an appeal follows review and an executive-session discussion by the Select Board; the board did not provide a public vote tally during the broadcast. The town said it will await developments from the private appeals before deciding any further action.

Next steps: town officials said they will monitor the independent appeals and report any material developments to the Select Board and the public.