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CONSERVATION LAW FOUNDATION, INC. v. PATRICK

Civil Action No. 06-11295-WGY.

767 F.Supp.2d 260 (2011)

CONSERVATION LAW FOUNDATION, INC., Charles River Watershed Association, Inc., and Leominster Land Trust, Inc., Plaintiffs, v. Deval PATRICK in his official capacity as Governor of Massachusetts; John Cogliano, in his official capacity as Secretary of Transportation; and Luisa Paiewonsky, in her official capacity as Commissioner of Massachusetts Highway Department, Defendants.

United States District Court, D. Massachusetts.

April 14, 2011.

Attorney(s) appearing for the Case

Christopher M. Kilian , Conservation Law Foundation, Montpelier, VT, Cynthia E. Liebman , Conservation Law Foundation, Boston, MA, John M. Padilla , Shearman & Sterling LLP, New York, NY, for Plaintiffs.

Julie B. Goldman , Office of the Attorney General, Tori T. Kim , Massachusetts Attorney General's Office, Boston, MA, for Defendants.

MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

This case has been pending in this Court since July 2006. In May 2008, after a six-day bench trial, this Court found the Massachusetts Department of Transportation ("MassDOT") to be in violation of a number of provisions of its National Pollutant Discharge Elimination System General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (the "Permit...

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