CONSERVATION LAW FOUNDATION, INC., Plaintiff,
v.
Mitt ROMNEY, in his official capacity as Governor of Massachusetts, Douglas I. Foy, in his official capacity as Secretary of the Office for Commonwealth Development and Chairman of the Commonwealth Development Coordinating Council; the Massachusetts Bay Transportation Authority; Daniel Grabauskas, in his official capacity as Secretary of the Executive Office of Transportation and Chairman of the Massachusetts Bay Transportation Authority; Michael H. Mulhern, in his official capacity as General Manager of the Massachusetts Bay Transportation Authority; The Massachusetts Turnpike Authority; Matthew J. Amorello, in his official capacity as Chairman of the Massachusetts Turnpike Authority; John Cogliano, in his official capacity as Commissioner of the Massachusetts Highway Department; and, Robert W. Golledge, in his official capacity as Commissioner of The Department of Environmental Protection. Defendants.
United States District Court, D. Massachusetts.https://leagle.com/images/logo.png
March 20, 2006.
March 20, 2006.
Attorney(s) appearing for the Case
Pierce O. Cray, Attorney General's, Office, Boston, MA, for Daniel Grabauskas, Douglas I. Foy, John Cogliano, Mitt Romney, Robert W. Golledge, Defendants.
Timothy J. Dacey, III, Goulston & Storrs, PC, Boston, MA, for Matthew J. Amorello, Defendant.
Elisabeth M. DeLisle, Foley Hoag LLP, Boston, MA, for The Massachusetts Bay Transportation Authority, Michael H. Mulhem, Defendants.
David Hadas, Massachusetts Attorney General's Office, Boston, MA, for Daniel Grabauskas, Douglas I. Foy, John Cogliano, Mitt Romney, Robert W. Golledge, Defendants.
Randall E. Kromm, Foley Hoag LLP, Boston, MA, for The Massachusetts Bay Transportation Authority, Michael H. Mulhem, Defendants.
William L. Pardee, Attorney General's Office, Boston, MA, for Daniel Grabauskas, Douglas I. Foy, John Cogliano, Mitt Romney, Robert W. Golledge, Defendants.
Dean Richlin, Foley Hoag LLP, Boston, MA, for The Massachusetts Bay Transportation Authority, Michael H. Mulhern, Defendants.
Gary M Ronan, Goulston & Storrs, Boston, MA, for The Massachusetts Turnpike Authority, Matthew J. Amorello, Defendants.
Carrie B. Russell, Conservation Law Foundation, Inc., Boston, MA, for Conservation Law Foundation, Inc., Plaintiff.
Peter Shelley, Conservation Law Foundation, Boston, MA, for Conservation Law Foundation, Inc., Plaintiff.
United States District Court, D. Massachusetts.
MEMORANDUM AND ORDER RE: MOTIONS TO DISMISS
GERTNER, District Judge.
I. INTRODUCTION
The Conservation Law Foundation has brought a Clean Air Act citizen suit against three groups of defendants—the state defendants, the Massachusetts Bay Transportation Authority ("MBTA") defendants, and the Massachusetts Turnpike Authority ("MTA") defendants—all of which have...
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