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MOOT v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

SJC-10482.

456 Mass. 309 (2010)

JOHN MOOT v. DEPARTMENT OF ENVIRONMENTAL PROTECTION & others.

Supreme Judicial Court of Massachusetts, Middlesex.

March 12, 2010.

Attorney(s) appearing for the Case

Thomas B. Bracken for the plaintiff.

Seth Schofield, Assistant Attorney General, for Department of Environmental Protection.

Bruce E. Falby for North Point Cambridge Land Company, LLC, & others.

Paula M. Devereaux, for NAIOP Massachusetts, amicus curiae, submitted a brief.

Charles N. Le Ray, Mary K. Ryan, & Michael A. Leon, for Real Estate Bar Association for Massachusetts & another, amici curiae, submitted a brief.

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

MARSHALL, C.J.

In Moot v. Department of Envtl. Protection, 448 Mass. 340 (2007) (Moot), we concluded that a regulation promulgated by the Department of Environmental Protection (department) exempting landlocked tidelands from the licensing requirements of G. L. c. 91, the waterways statute, exceeded the department's authority and was thus invalid. The basis for our decision was that by exempting landlocked tidelands...

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