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CONSERVATION COMMISSION OF BROCKTON v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. 11-P-766.

81 Mass. App. Ct. 601 (2012)

CONSERVATION COMMISSION OF BROCKTON v. DEPARTMENT OF ENVIRONMENTAL PROTECTION & another.

Appeals Court of Massachusetts, Plymouth.

April 19, 2012.

Attorney(s) appearing for the Case

Gregor I. McGregor for the plaintiff.

Louis M. Dundin , Assistant Attorney General, for Department of Environmental Protection.

Barry P. Fogel for Brockton Power Company, LLC.

Present: RAPOZA, C.J., CYPHER, & SULLIVAN, JJ.

SULLIVAN, J.

This is an appeal pursuant to the Administrative Procedures Act, G. L. c. 30A, § 14, from a decision of the Department of Environmental Protection (DEP) authorizing the construction of a 350 megawatt power plant (the plant) near the Salisbury Plain River. The conservation commission of Brockton (commission) appeals from a judgment entered by a judge of the Superior Court upholding the final decision...

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