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PETERBOROUGH OIL COMPANY, LLC v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

SJC-11851.

474 Mass. 443 (2016)

PETERBOROUGH OIL COMPANY, LLC v. DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Massachusetts, Worcester.

June 6, 2016.

Attorney(s) appearing for the Case

Robert D. Cox, Jr. , for the plaintiff.

Eric S. Brainsky for Independent Oil Marketers Association of New England.

Maryanne Reynolds , Assistant Attorney General, for the defendant.

Edward J. DeWitt , for Association to Preserve Cape Cod, amicus curiae, submitted a brief.

Donald D. Cooper , for LSP Association, Inc., amicus curiae, submitted a brief.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, LENK, & HINES, JJ.

After a spill of hazardous materials within a specified radius of a public water supply, Department of Environmental Protection (DEP) regulations require that those deemed to be liable undertake cleanup and monitoring actions to ensure the spill does not pose a danger to that water supply. See 310 Code Mass. Regs. §§ 40.0801...

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