1. Home
  2. Browse Decisions
  3. Mass.
  4. 459 Mass.
  5. 459 Mass. 319 (2011)
 

ENTERGY NUCLEAR GENERATION COMPANY v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. SJC-10732.

459 Mass. 319 (2011)

ENTERGY NUCLEAR GENERATION COMPANY v. DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Massachusetts, Suffolk.

April 11, 2011.

Attorney(s) appearing for the Case

I. Andrew Goldberg , Assistant Attorney General, for the defendant.

U. Gwyn Williams for the plaintiff.

John Pagliaro & Martin J. Newhouse , for New England Legal Foundation, amicus curiae, submitted a brief.

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

COWIN, J.

This case requires us to consider the scope of the regulatory powers conferred on the Department of Environmental Protection (department) by the Clean Waters Act, G. L. c. 21, §§ 26-53 (State Act). Pursuant to the State Act, the department promulgated regulations (CWIS regulations) implementing its authority to regulate components of industrial facilities that withdraw water from surface waterbodies. See part 1, infra. Those components are...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases