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HERCULES CHEMICAL COMPANY v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. 09-P-655.

76 Mass. App. Ct. 639 (2010)

HERCULES CHEMICAL COMPANY v. DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Appeals Court of Massachusetts, Suffolk.

April 23, 2010.

Attorney(s) appearing for the Case

James A. Kosch, of New Jersey, & Matthew M. O'Leary for the plaintiff.

Daniel J. Hammond, Assistant Attorney General, for the defendant.

Present: KATZMANN, GRAINGER, & MEADE, JJ.

MEADE, J.

The Hercules Chemical Company (Hercules) appeals from a judgment dismissing its complaint challenging the decisions of the Department of Environmental Protection (department) to "delist" its product, Aid-Ox, as an approved septic system additive or restorative.1 On appeal, Hercules claims in part that the department's decisions, made without providing an adjudicatory hearing...

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