Legal Opinion

Kain v. Department of Environmental Protection

Massachusetts Supreme Judicial Court

Decided May 17, 2016No. SJC 11961PublishedCited by 8 opinions

1Opinion of the CourtCordy, J.

In this case, we are asked to decide whether the Department of Environmental Protection (department) has fulfilled its statutory mandate under G. L. c. 21N, § 3 (d) (§ 3 [&]), which provides that the department “shall promulgate regulations establishing a desired level of declining annual aggregate emission limits for sources or categories of sources that emit greenhouse gas emissions.” By the terms of the enabling legislation, the Global Warming Solutions Act, St. 2008, c. 298 (act), these regulations were to be issued by January 1, 2012, to take effect on January 1, 2013, and to expire on…

2Cases cited22 opinions

  1. Massachusetts v. Environmental Protection AgencySupreme Court of the United States · 2007
  2. Commonwealth v. WeloskyMassachusetts Supreme Judicial Court · 1931
  3. Levy v. Board of Registration & Discipline in MedicineMassachusetts Supreme Judicial Court · 1979
  4. Selectmen of Topsfield v. State Racing CommissionMassachusetts Supreme Judicial Court · 1949
  5. Commerce Insurance v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 2006

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3Cited by8 opinions

  1. Ciani v. MacGrathMassachusetts Supreme Judicial Court · 2019
  2. Anderson v. National Union Fire Insurance Co. of Pittsburgh PAMassachusetts Supreme Judicial Court · 2017
  3. ENGIE Gas & LNG LLC v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 2016
  4. New England Power Generators Association, Inc. v. Department of Environmental ProtectionMassachusetts Supreme Judicial Court · 2018
  5. GABRIELE FARIELLO v. LIN ZHAO & others.Massachusetts Appeals Court · 2022

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