Spinazola v. Mass. Environmental Associates, Inc., et al. (Lawyers Weekly No. 12-078-17)
Judgment assignment valid despite assignee's prior representation of debtor; no confidential information misused; no public policy violation.
Environmental
Peterborough Oil Company, LLC v. Department of Environmental Protection (Lawyers Weekly No. 10-076-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Kain, et al. v. Department of Environmental Protection (Lawyers Weekly No. 10-066-16)
Department of Environmental Protection must promulgate regulations establishing binding volumetric limits on greenhouse gas emissions from multiple sources that decline annually, not merely rates or aspirational targets.
Navy Yard Four Associates, LLC v. Department of Environmental Protection, et al. (Lawyers Weekly No. 11-130-15)
Public tidelands classification survives transfer to private ownership absent legislative action. Department's interpretation of Commonwealth tidelands regulations upheld.
Stone-Ashe v. Department of Environmental Protection, et al. (Lawyers Weekly No. 11-082-14)
Department of Environmental Protection's jurisdictional determination over seawall upheld where historic map evidence supported location of high water mark landward of seawall.
Wassenar v. Department of Environmental Protection (Lawyers Weekly No. 11-022-14)
Affirmed dismissal of judicial review challenge to DEP penalty where appellant failed to post required escrow or demonstrate inability to pay or substantial question of law.
Beverly Port Marina, Inc. v. Commissioner of the Department of Environmental Protection, et al. (Lawyers Weekly No. 11-145-13)
Competing waterfront project must meet regulatory criteria based on reasonable feasibility, not conclusive proof of all permits and approvals.
Franklin Office Park Realty Corp. v. Commissioner of the Department of Environmental Protection (Lawyers Weekly No. 10-172-13)
DEP's interpretation of "willful" violation does not require knowledge of operative facts. Court holds statute clearly requires violator knew or should have known the facts making conduct unlawful.
Mostyn v. Department of Environmental Protection, et al. (Lawyers Weekly No. 11-081-13)
DEP properly approved seasonal kayak storage on a degraded coastal dune where strict performance standards would be met through replanting and monitoring over three years.
Mahajan, et al. v. Department of Environmental Protection, et al. (Lawyers Weekly No. 10-046-13)
Article 97 does not apply to land acquired by urban renewal authority for urban renewal purposes, even if the land incidentally serves conservation goals.