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ARTICLE · 26 MAY 2015

MassDEP Has A Lot Of Discretion In Implementing The Global Warming Solutions Act

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Unsatisfied with the pace of the administration's implementation of the Global Warming Solutions Act, the Conservation Law Foundation sued the Massachusetts Department of Environmental Protection, seeking a court order requiring MassDEP to:

United StatesEnvironment
Seth Jaffe
Seth Jaffe
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Unsatisfied with the pace of the administration's implementation of the Global Warming Solutions Act, the Conservation Law Foundation sued the Massachusetts Department of Environmental Protection, seeking a court order requiring MassDEP to:

promulgate regulations establishing a desired level of declining annual aggregate emissions limits for sources or categories of sources that emit greenhouse gas emissions.

The Court did not oblige. Earlier this spring, noting the vagueness of the requirements imposed on MassDEP by the GWSA and the discretion given to MassDEP, the Court examined the regulations that MassDEP has promulgated and found them more than sufficient to meet any nondiscretionary duty MassDEP may have under the GWSA.

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