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ENTERGY NUCLEAR GENERATION COMPANY v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. SJC-10732.

459 Mass. 319 (2011)

ENTERGY NUCLEAR GENERATION COMPANY v. DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Massachusetts, Suffolk.

April 11, 2011.

Attorney(s) appearing for the Case

I. Andrew Goldberg, Assistant Attorney General, for the defendant.

U. Gwyn Williams for the plaintiff.

John Pagliaro & Martin J. Newhouse, for New England Legal Foundation, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, COWIN, CORDY, BOTSFORD, GANTS, & DUFFLY, JJ.

COWIN, J.

This case requires us to consider the scope of the regulatory powers conferred on the Department of Environmental Protection (department) by the Clean Waters Act, G. L. c. 21, §§ 26-53 (State Act). Pursuant to the State Act, the department promulgated regulations (CWIS regulations) implementing its authority to regulate components of industrial facilities that withdraw water from surface waterbodies. See part 1, infra. Those components are...

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