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CITY OF QUINCY v. MA DEPT. OF ENVTL. PROTECTION

No. 21-1131.

21 F.4th 8 (2021)

CITY OF QUINCY, MASSACHUSETTS; Town of Hingham, Massachusetts; Town of Braintree, Massachusetts; Dorothy Anderson; Alice Arena; Margaret Bellafiore; Wendy Cullivan; Susan Greene; Andrea Honore; Michael Lang1; Curtis Nordgaard, M.D.; Thomas Pendergast; Judy Roberts; Betsy Sowers; Bernadette Wilson; Kenneth J. Difazio; Jane Hackett, Councilor at Large; Ed Harrington, District Five Councilor; Rebecca Haugh; George Loring; Arthur Mathews; Patrick M. O'Connor; Frank Singleton; Thomas Tanner, Petitioners, v. MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent, Algonquin Gas Transmission, LLC, Intervenor.

United States Court of Appeals, First Circuit.

December 17, 2021.

Attorney(s) appearing for the Case

Michael H. Hayden , with whom Morrison Mahoney LLP, Nicole I. Taub and Crystal Huff , Office of the Town Solicitor, Town of Braintree, Kerry T. Ryan , and Bogle, DeAscentis & Coughlin, P.C., were on brief, for petitioner.

Seth Schofield , Senior Appellate Counsel, Office of the Attorney General of Massachusetts, with whom Maura Healey , Attorney General for the Commonwealth of Massachusetts, was on brief, for respondent.

Jeremy C. Marwell , with whom Joshua S. Johnson and Vinson & Elkins LLP were on brief, for intervenor.

Before THOMPSON, LIPEZ, and KAYATTA, Circuit Judges.

The City of Quincy, the Towns of Braintree and Hingham, and a group of citizens (collectively, "the City") challenge the final decision of the Massachusetts Department of Environmental Protection (DEP) reaffirming the issuance of an air permit to Algonquin Gas Transmission, LLC (Algonquin) for a natural gas compressor station...

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