Depressed consumer demand for natural gas in Connecticut, could yet save beleaguered Article 97 of the Massachusetts’ Constitution. Reduced demand for gas in Connecticut could allow Massachusetts to continue to protect pristine, specially designated Commonwealth terrain.
Superior Court Judge John Agostini had ruled that federal law trumps state law in such cases and applied eminent domain, allowing Tennessee Gas to have the easement in Otis State Forest, despite Article 97 of the Massachusetts Constitution, that protects old-growth forests from development.