KAIN v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

SJC-11961.

474 Mass. 278 (2016)

ISABEL KAIN & others v. DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Massachusetts, Suffolk.

May 17, 2016.


Attorney(s) appearing for the Case

Jennifer K. Rushlow ( Susan J. Kraham , of New York, & Veronica S. Eady with her) for Conservation Law Foundation & another.

Jo Ann Shotwell Kaplan , Assistant Attorney General, for the defendant.

Phelps Turner & C. Dylan Sanders , for Isabel Kain & others, were present but did not argue.

The following submitted briefs for amici curiae:

Stephanie R. Parker for Clean Water Action & others.

Edward J. DeWitt for Association to Preserve Cape Cod.

Arthur P. Kreiger & Jessica A. Wall for William R. Moomaw & others.

Robert J. Muldoon, Jr. , & Thomas Paul Gorman for David A. Wirth.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, LENK, & HINES, JJ.


In this case, we are asked to decide whether the Department of Environmental Protection (department) has fulfilled its statutory mandate under G. L. c. 21N, § 3 (d) (§ 3 [d]), which provides that the department "shall promulgate regulations establishing a desired level of declining annual aggregate emission limits...

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