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BROOKLINE v. COMMR. OF DEPT. OF ENVTL. QUALITY ENG'G

398 Mass. 404 (1986)

497 N.E.2d 9

TOWN OF BROOKLINE & others vs. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING & others (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

September 8, 1986.

Attorney(s) appearing for the Case

Thomas B. Bracken for the town of Brookline & others.

Galen Gilbert for Mission Hill Intervenors.

Michael Lambert, pro se.

Janet G. McCabe, Assistant Attorney General, for Commissioner of the Department of Environmental Quality Engineering.

Verne W. Vance, Jr., for Medical Area Total Energy Plant, Inc., intervener.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, & LYNCH, JJ.

LIACOS, J.

Medical Area Total Energy Plant, Inc. (MATEP), constructed a facility in the Mission Hill area of Boston, near the Brookline border, to provide steam, chilled water, and electricity to hospitals and educational and research institutions near the Harvard Medical School, and steam to the Mission Park housing complex. MATEP sought from the Department of Environmental Quality Engineering (DEQE) the required preconstruction approval of its plan. See 310 Code...

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