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NEW ENGLAND POWER GENERATORS ASSOCIATION, INC. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

SJC-12477.

480 Mass. 398 (2018)

NEW ENGLAND POWER GENERATORS ASSOCIATION, INC., & others v. DEPARTMENT OF ENVIRONMENTAL PROTECTION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

September 4, 2018.

Attorney(s) appearing for the Case

Seth D. Jaffe ( Stephen L. Bartlett also present) for the plaintiffs.

Seth Schofield , Assistant Attorney General ( Turner H. Smith , Shannon S. Beale , & Joseph F. Dorfler , Assistant Attorneys General, also present) for the defendants.

John A. DeTore , for Footprint Power Salem Harbor Development LP, was present but did not argue.

Nicholas J. Scobbo, Jr. , Ann Ryan Small , & Sherry L. Vaughn , for Massachusetts Municipal Wholesale Electric Company, submitted a brief.

David K. Ismay , for Conservation Law Foundation, amicus curiae, submitted a brief.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

Its name bespeaks its ambitions. The Global Warming Solutions Act, St. 2008, c. 298 (act), was passed to address the grave threats that climate change poses to the health, economy, and natural resources of the Commonwealth. See Massachusetts v. Environmental Protection Agency, 549 U.S. 497

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