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STATE v. HESS CORP.

No. 2010-082.

20 A.3d 212 (2011)

STATE of New Hampshire v. HESS CORPORATION and another.

Supreme Court of New Hampshire.

Opinion Issued: January 28, 2011.

As Modified on Denial of Reconsideration March 22, 2011.

Attorney(s) appearing for the Case

Michael A. Delaney , attorney general ( Mary Maloney , assistant attorney general, on the brief), Sher Leff, LLP, of San Francisco, California ( Victor M. Sher on the brief), Law Offices of Matthew F. Pawa, P.C., of Newton Centre, Massachusetts ( Matthew F. Pawa and Benjamin A. Krass on the brief, and Mr. Pawa orally), for the plaintiff.

Beveridge & Diamond, P.C., of Washington, D.C. ( John S. Guttmann and Nessa E. Horewitch on the brief, and Mr. Guttmann orally), and Devine, Millimet & Branch, P.A., of Concord ( Peter G. Beeson on the brief), for the defendants.

DUGGAN, J.

This case comes before us on an interlocutory transfer without ruling from the Superior Court. See Sup.Ct. R. 9. We accept the facts as presented in the interlocutory transfer. See In re Kotey M., 158 N.H. 358, 359, 965 A.2d 1146 (2009).

In 1991, New Hampshire applied to the United States Environmental Protection Agency's (EPA) reformulated gasoline (RFG) program. The RFG program, which set specifications...

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