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The Climate Litigation Database

Conservation Law Foundation v. Massachusetts Department of Environmental Protection

About this case

Filing year
2018
Status
Appeal denied.
Docket number
1884CV01431
Court/admin entity
United States → Massachusetts Superior Court(Mass. Super. Ct.)United States → State Courts
Case category
Adaptation (US) → Actions seeking adaptation measures (US)
Principal law
United States → State Law—Miscellaneous Statutes → Massachusetts Site Assignment Regulations → Massachusetts Solid Waste Disposal Facilities Law → Massachusetts Solid Waste Regulations
At issue
Challenge to the Massachusetts Department of Environmental Protection's authorization of landfill expansion.
Topics
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Documents

Filing Date
Document
Type
Topics 
Beta
07/26/2019
Appeal denied.
On July 26, 2019, a Massachusetts state court upheld a Massachusetts Department of Environmental Protection (MassDEP) decision authorizing expansion of a landfill in the Town of Saugus. Conservation Law Foundation (CLF) and the Town of Saugus had appealed the MassDEP’s decision. CLF’s allegations included that the landfill’s coastal location “makes it extremely vulnerable to climate change impacts, including sea level rise and damaging storm surge, creating a significant risk of erosion and of pollution from the Landfill washing into the surrounding rivers and coastal wetlands.” News coverage of the court’s decision affirming MassDEP’s decision did not discuss the climate change-related allegations.
Decision

Summary

Challenge to the Massachusetts Department of Environmental Protection's authorization of landfill expansion.

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Group
Topics
Risk
Impacted group
Economic sector
Adaptation/resilience
Finance