Wassenar v. Department of Environmental Protection

The Department of Environmental Protection (DEP) issued a final decision against Harold B. Wassenar, requiring him to pay a civil administrative penalty of $80,586. Wassenar sought judicial review in the Superior Court under G. L. c. 30A, § 14. As a condition precedent to that court’s jurisdiction to review the administrative proceeding, Wassenar was required to post the full amount of the assessed penalty in an escrow account, unless he was able to demonstrate either an inability to pay the assessment or the presence of a substantial question of law. See G. L. c. 21A, § 16, inserted by St.…