Town of Norfolk v. Department of Environmental Quality Engineering

The plaintiff (Norfolk)3 owns and operates a solid waste landfill. Norfolk sought approval from the defendant (DEQE) to expand the landfill. DEQE granted approval of the expansion of the landfill, conditioned on the installation of an “impervious liner” to prevent groundwater pollution due to leachate, a liquid formed by rainwater percolating down through the layers of refuse in the landfill. Norfolk began installing the liner, and received a determination from the division of local mandates (DLM) that, under G. L. c. 29, § 27C (1988 ed.),4 the local mandate provision of a statute commonly…