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BORDEN, INC. v. COMMISSIONER OF PUBLIC HEALTH

388 Mass. 707 (1983)

448 N.E.2d 367

BORDEN, INC. vs. COMMISSIONER OF PUBLIC HEALTH. (and four consolidated cases).

Supreme Judicial Court of Massachusetts, Suffolk.

April 12, 1983.

Attorney(s) appearing for the Case

Stephen S. Ostrach, Assistant Attorney General (Gerald J. Caruso, Assistant Attorney General, with him) for Commissioner of Public Health.

John J. Curtin, Jr. (Michael W. Davis, of Illinois, with him) for Borden, Inc.

Joseph L. Kociubes (Alexandra Leake with him) for The Formaldehyde Institute.

Michael S. Marcus, of the District of Columbia, for C.P. Chemical Company, Inc.

Wendell J. Leary for The Berkshire Gas Company.

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.

NOLAN, J.

These appeals raise numerous procedural and substantive facial challenges to regulations issued by the Commissioner of the Department of Public Health (commissioner), banning the sale, distribution, and all uses of urea-formaldehyde foamed-in-place insulation (UFFI) in the Commonwealth (ban regulations), and requiring the manufacturers, dealers, and installers of UFFI to remove it from any building where it was installed, restore the house, and refund the...

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