Legal Opinion

Warcewicz v. Department of Environmental Protection

Massachusetts Supreme Judicial Court

Decided July 3, 1991PublishedCited by 47 opinions

1Opinion of the CourtLynch, J.

This is an appeal from a Superior Court judgment dismissing the plaintiff’s petition for judicial review of a decision of the Department of Environmental Quality Engineering1 (department) and affirming the department’s assessment of a civil penalty pursuant to G. L. c. 21 A, § 16 (1990 ed.). We transferred the case here on our own motion. Our decision turns on the interpretation of regulations, promulgated by the department pursuant to the Wetlands Protection Act, G. L. c. 131, § 40 (1990 ed.), which define the bodies of water over which the department has jurisdiction.

*549From the decisions of…

2Cases cited13 opinions

  1. Beeler v. DowneyMassachusetts Supreme Judicial Court · 1982
  2. Finkelstein v. Board of Registration in OptometryMassachusetts Supreme Judicial Court · 1976
  3. Massachusetts Medical Society v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1988
  4. Nantucket Conservation Foundation, Inc. v. Russell Management, Inc.Massachusetts Supreme Judicial Court · 1980
  5. Town of Northbridge v. Town of Natick Department of Social ServicesMassachusetts Supreme Judicial Court · 1985

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3Cited by47 opinions

  1. Nuclear Metals, Inc. v. Low-Level Radioactive Waste Management BoardMassachusetts Supreme Judicial Court · 1995
  2. Ten Local Citizen Group v. New England WindMassachusetts Supreme Judicial Court · 2010
  3. Rasheed v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 2006
  4. Smith v. Commissioner of Transitional AssistanceMassachusetts Supreme Judicial Court · 2000
  5. Mullally v. Waste Management of Massachusetts, Inc.Massachusetts Supreme Judicial Court · 2008

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