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DOUGLAS ENVIRONMENTAL ASSOCIATES, INC. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

429 Mass. 71 (1999)

DOUGLAS ENVIRONMENTAL ASSOCIATES, INC., & another v. DEPARTMENT OF ENVIRONMENTAL PROTECTION & others; TOWN of WEBSTER & others, interveners.

Supreme Judicial Court of Massachusetts, Suffolk.

March 1, 1999.

Attorney(s) appearing for the Case

William L. Pardee, Assistant Attorney General, for the defendants.

Kenneth L. Kimmell for the interveners.

David E. Lurie for the plaintiffs.

Howard J. Hirsch & Charles C. Caldart, for Massachusetts Public Interest Research Group & others, amici curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

WILKINS, C.J.

A judge in the Superior Court has reported, pursuant to Mass. R. Civ. P. 64, as amended, 423 Mass. 1410 (1996), the propriety of three orders that she entered in appeals by the plaintiffs from decisions of the defendant Department of Environmental Protection (DEP). DEP denied Douglas Environmental Associates, Inc. (DEA), a final permit to construct a landfill facility in Douglas. See G. L. c. 111, § 150A. DEP based its denial on its conclusion that...

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