Moot v. Department of Environmental Protection

Marshall, CJ.

The plaintiffs in this case filed a complaint in the Superior Court appealing from a decision of the Department of Environmental Protection (department) that exempted the construction of a multiuse project by the defendants North Point Cambridge Land Company, LLC; East Street, Inc., doing business as Water Street Company; and Boston and Maine Corporation (collectively, North Point) from the licensing requirements of G. L. c. 91, the waterways statute. The plaintiffs asserted that the department’s decision was based on an unauthorized regulatory exemption and in excess of the…