Kain v. Massachusetts Department of Environmental Protection

Gordon, Robert B., J.

The plaintiffs, four private citizens and two nonprofit organizations, allege in their two-count Complaint that the defendant, Massachusetts Department of Environmental Protection (“DEP” or the “Department”), has failed to perform statutorily mandated duties under a particular subsection of the Global Warming Solutions Act — namely, G.L.c. 21N, §3(d). The plaintiffs now move for a declar-atoiyjudgment on the pleadings and/or the issuance of a writ of mandamus to DEP. The Department opposes the plaintiffs’ motion, and requests entry of a declaratory judgment in its favor.…