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SIERRA CLUB v. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

439 Mass. 738 (2003)

SIERRA CLUB & others v. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT & another.

Supreme Judicial Court of Massachusetts, Suffolk.

July 14, 2003.

Attorney(s) appearing for the Case

Steven E. Thomas, Assistant Attorney General, for Commissioner of the Department of Environmental Management.

John M. Stevens (Randall Kromm with him) for Wachusett Mountain Associates, Inc.

Thomas B. Bracken for the plaintiffs.

Irene C. Freidel & Marc D. Rie, for Massachusetts Audubon Society, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.

SPINA, J.

The Sierra Club and others (plaintiffs) brought an action in the Superior Court under G. L. c. 214, § 7A3; G. L. c. 30, § 61; and G. L. c. 231A, seeking declaratory relief against the Secretary (Secretary) of the Executive Office of Environmental Affairs (EOEA), relating to his certificate approving the Supplemental Final Environmental Impact Report (SFEIR) submitted by Wachusett...

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