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WATER DEPARTMENT OF FAIRHAVEN v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

SJC-10430

455 Mass. 740 (2010)

WATER DEPARTMENT OF FAIRHAVEN v. DEPARTMENT OF ENVIRONMENTAL PROTECTION (and thirteen companion cases).

Supreme Judicial Court of Massachusetts, Middlesex.

January 14, 2010.

Attorney(s) appearing for the Case

William L. Pardee, Assistant Attorney General, for the defendant.

William C. Henchy for Water District of Sandwich & others.

Gregg J. Corbo (Jeffrey T. Blake with him) for city of Brockton & others.

Thomas P. Crotty for Water Department of Fairhaven & another, was present but did not argue.

Marguerite Reynolds, for town of Hamilton, was present but did not argue.

Robert S. Troy, for town of Duxbury, was present but did not argue.

Margaret Van Deusen & Michael Baram, for Conservation Law Foundation & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, CORDY, BOTSFORD, & GANTS, JJ.

GANTS, J.

These consolidated appeals concern the authority of the Department of Environmental Protection (department) under the Massachusetts Water Management Act (Act), G. L. c. 21G, to impose conservation measures on registered water suppliers (registrants) and to provide an administrative remedy to registrants aggrieved by those conservation measures.2

The plaintiffs represent fourteen Massachusetts cities and towns and their...

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