IN RE TOWN OF NOTTINGHAM

No. 2004-601.

904 A.2d 582 (2006)

Appeal of the TOWN OF NOTTINGHAM Appeal of the Town of Barrington Appeal of Save Our Groundwater (New Hampshire Department of Environmental Services).

Supreme Court of New Hampshire.

Opinion Issued: May 19, 2006.

Rehearing Denied June 26, 2006.


Attorney(s) appearing for the Case

Nelson, Kinder, Mosseau & Saturley, P.C., of Manchester (E. Tupper Kinder and Richard C. Bell on the brief, and Mr. Kinder orally), for petitioner Town of Nottingham.

Pierce Atwood LLP, of Portsmouth (Mark E. Beliveau on the brief and orally), for petitioner Town of Barrington.

Law Office of Joshua L. Gordon, of Concord (Joshua L. Gordon on the brief), for petitioner Save Our Groundwater.

Soltani/Mosca P.L.L.C., of Epsom (Edward C. Mosca on the brief and orally), for the respondent, USA Springs, Inc.

Steven B. Conklin, by brief, pro se.

Kelly A. Ayotte, attorney general (Jennifer J. Patterson, senior assistant attorney general, on the brief), for the State, as amicus curiae.

Jenkins Legal Services, of Eaton Center (Linda A. Jenkins on the brief), for the New Hampshire Program of the American Friends Service Committee, as amicus curiae.

Duddy Law Offices, P.L.L.C., of Bedford (Roy A. Duddy on the memorandum), for Public Citizen, as amicus curiae.

Gordon R. Blakeney, Jr., of Concord, on the memorandum, and Sack Goldblatt Mitchell, of Ottawa, Ontario, Canada (Steven Shrybman on the memorandum), for Maude Barlow and the Blue Planet Project, as amici curiae.


DALIANIS, J.

The petitioners, Town of Nottingham, Town of Barrington and Save Our Groundwater (SOG), appeal the issuance by the New Hampshire Department of Environmental Services (DES) of a large groundwater withdrawal permit to the respondent, USA Springs, Inc. We affirm.

The following facts were found by DES or appear on the record before us. On May 24, 2001, USA Springs applied to DES for a large groundwater withdrawal permit, see RSA 485-C:21 (2001...

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