NORFOLK v. DEPT. OF ENVIRONMENTAL QUALITY ENGINEERING


407 Mass. 233 (1990)

552 N.E.2d 116

TOWN OF NORFOLK & OTHERS vs. DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING & another.

Supreme Judicial Court of Massachusetts, Norfolk.

April 11, 1990.


Attorney(s) appearing for the Case

James R. Milkey, Assistant Attorney General (Alice Daniel, Deputy Attorney General, with him) for the defendants.

Paul D. Maggioni, Town Counsel of Norfolk (James B. Lampke, Town Counsel of Hull, & Donald J. Scutiere, Town Counsel of Boxford, with him) for the plaintiffs.

Peter Shelley & Stephanie Pollack, for Conservation Law Foundation of New England, Inc., amicus curiae, submitted a brief.

Leonard Kopelman, Barbara J. Saint Andre & Karen V. Kelly, for Massachusetts Municipal Association, amicus curiae, submitted a brief.

Present: LIACOS, C.J., ABRAMS, NOLAN, O'CONNOR, & GREANEY, JJ.


LIACOS, C.J.

The plaintiff (Norfolk)3 owns and operates a solid waste landfill. Norfolk sought approval from the defendant (DEQE) to expand the landfill. DEQE granted approval of the expansion of the landfill, conditioned on the installation of an "impervious liner" to prevent groundwater pollution due to leachate, a liquid formed by rainwater percolating down through the layers of refuse in the landfill. Norfolk began installing the liner...

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