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UNITED STATES GYPSUM COMPANY v. EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS

No. 06-P-169.

69 Mass. App. Ct. 243 (2007)

UNITED STATES GYPSUM COMPANY & others vs. EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS & others.

Appeals Court of Massachusetts, Suffolk.

June 4, 2007.

Attorney(s) appearing for the Case

Susan E. Stenger for United States Gypsum Company.

Edward T. Patten for LaFarge North America, Inc.

Benjamin J. Ericson, Assistant Attorney General, for Executive Office of Environmental Affairs & others.

Daniel P. Dain for John J. Flatley & another.

Gerald J. Caruso for Donato Pizzuti.

Present: PERRETTA, LAURENCE, & GRASSO, JJ.

LAURENCE, J.

Background. To promote the appropriate uses of scarce coastal resources consistently with the Federal Coastal Zone Management Act (16 U.S.C. §§ 1451 et seq.),4 the Massachusetts Office of Coastal Zone Management (OCZM)5 has since 1978 promulgated designated port area regulations governing the primary working waterfronts within Massachusetts's developed coastal harbors. The declared...

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