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FRIENDS & FISHERS OF THE EDGARTOWN GREAT POND, INC. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

446 Mass. 830 (2006)

FRIENDS AND FISHERS OF THE EDGARTOWN GREAT POND, INC., & others vs. DEPARTMENT OF ENVIRONMENTAL PROTECTION & another.

Supreme Court of Massachusetts, Suffolk.

June 1, 2006.

Attorney(s) appearing for the Case

Douglas H. Wilkins for Friends & Fishers of the Edgartown Great Pond, Inc.

Michael S. Nuesse for Group of Ten Citizens.

Siu Tip Lam, Assistant Attorney General, for Department of Environmental Protection.

Lisa C. Goodheart (Ronald H. Rappaport with her) for Edgartown Wastewater Commission.

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

IRELAND, J.

The individual plaintiffs are members of two citizen groups formed to contest the grant of a groundwater discharge permit to the Edgartown Wastewater Commission (commission) in 1999, for the operation of a municipal wastewater treatment plant (plant or facility). A judge in the Superior Court affirmed the decision of the Commissioner (commissioner) of the Department of Environmental Protection (department) granting...

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