Douglas Environmental Associates, Inc. v. Department of Environmental Protection

A judge in the Superior Court has reported, pursuant to Mass. R. Civ. P. 64, as amended, 423 Mass. 1410 (1996), the propriety of three orders that she entered in appeals by the plaintiffs from decisions of the defendant Department of Environmental Protection (DEP). DEP denied Douglas Environmental Associates, Inc. (DEA), a final permit to construct a landfill facility in Douglas. See G. L. c. 111, § 150A. DEP based its denial on its conclusion that “the proposed project would pose a threat to the environment due to adverse impacts on the local population of Marbled Salamanders,” a species…