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Water Department of Fairhaven v. Department of Environmental Protection

Docket #SJC-10430
Date November 3, 2009
VideoView oral argument with Windows Media Player
JusticesMarshall, C.J., Ireland, Spina, Cordy, Botsford, Gants, JJ.
SummaryWater. Department of Environmental Protection. Municipal corporations, Water commissioners, Water supply. Administrative law, Adjudicatory proceeding, Agency's authority. Statute, Construction.
Appealed FromMiddlesex Superior Court, Justice Patrick F. Brady
BriefsSee selection available in PDF format at Supreme Judicial Court website
Counsel for Appellant
Massachusetts Department of Environmental Protection:  William L. Pardee
Counsel for Appellee
Water Department of Fairhaven:  Thomas P. Crotty
City of Brockton:  Gregg J. Corbo, Jeffrey T. Blake
Sandwich Water District:  William C. Henchy
Amici CuriaeConservation Law Foundation; Massachusetts Audubon Society; Nature Conservancy in Massachusetts; Massachusetts Rivers Alliance; Environmental League of Massachusetts; Clean Water Action Massachusetts; Massachusetts Association of Conservation Commissions; Charles River Watershed Association; Taunton River Watershed Alliance; Jones River Watershed Association, Inc.; Connecticut River Watershed; Merrimack River Watershed Council; Nashua River Watershed Association; Eel River Watershed Association, Inc.; Neponset River Watershed Association

OpinionClick to link to the slip opinion of the Supreme Judicial Court, in PDF format (requires Adobe Acrobat)

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