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ARMSTRONG v. SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS

SJC-13210.

490 Mass. 243 (2022)

KATHARINE ARMSTRONG & others. v. SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS & others. CONSERVATION LAW FOUNDATION & others v. SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS & another.

Supreme Judicial Court of Massachusetts.

July 12, 2022.

Attorney(s) appearing for the Case

C. Dylan Sanders, Special Assistant Attorney General (Lisa C. Goodheart & Alessandra W. Wingerter also present) for Secretary of Energy and Environmental Affairs & another.

Jeffrey J. Pyle (Thomas M. Elcock also present) for Katharine Armstrong & others.

Peter Shelley for Conservation Law Foundation & others.

Richard A. Oetheimer, for RHDC 70 East India, LLC, was present but did not argue.

The following submitted briefs for amici curiae:

Sarah A. Turano-Flores, Mary T. Marshall, Valerie A. Moore, Michael A. Leon, & Matthew H. Snell for NAIOP Massachusetts, Inc.

Seth Jaffe, Aaron Lang, & Cloe Pippin for New England Aquarium.

Ronald W. Ruth, Matthew C. Moschella, & Marcella Alvarez Morgan for Matthew Beaton & others.

Maura Healey, Attorney General, & Seth Schofield, Assistant Attorney General, for Attorney General.

Matthew J. Thomas & Suzanne P. Egan for Massachusetts Municipal Law Association & another.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

Rooted in ancient times, the "public trust doctrine" provides that the government holds tidelands in trust for the benefit of the public for traditional, water-dependent uses such as fishing, fowling, and navigation, as well as for nontraditional, nonwater-dependent uses that serve a proper public purpose. In G. L. c. 91 (Waterways...

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