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Appeals court weighs challenge by public water suppliers to DEP conservation regulations
Summary
The Massachusetts Appeals Court heard extended argument in a multi‑party administrative appeal brought by public water suppliers and an industry association challenging amended DEP conservation regulations under the Water Management Act.
The Massachusetts Appeals Court heard extended argument in a multi‑party administrative appeal brought by public water suppliers and an industry association challenging amended Massachusetts Department of Environmental Protection (DEP) conservation regulations under the Water Management Act.
Attorney Peter Durning, arguing for 18 public water suppliers and an industry association, contended the DEP’s amended regulations effectively deny or infringe registrants’ statutory withdrawal entitlements by curtailing end‑use demand when drought conditions are declared. Durning said the regulations are not time‑limited and quoted an agency official who…
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