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Associated Indus. of Mass. v. Frechette

Citation: 2 ELR 20113
No. No. 94128 Equity, 3 ERC 1629/(Mass. Super. Ct., 01/14/1972)

Commissioner of Public Health did not abuse his discretionary authority when he denied plaintiffs' request for a one year postponement of the effective date of an air pollution control regulation reducing the permissible sulfur content in fuel oil to 1% (.5% in the Boston Metropolitan Area). The Commissioner's finding that existing data were not sufficient to justify a conclusion that state ambient air standards were being met by less restrictive regulation of sulfur content in fuel oil is supported by the evidence.

Counsel for Plaintiffs
Samuel Hoar
Joseph C. Tanski
Goodwin, Procter & Hoar
28 State Street
Boston, Massachusetts 02109

Counsel for Defendant
Robert H. Quinn Attorney General
David B. Gittelsohn
Roger Tippy Asst. Attorneys General
373 State House
Boston, Massachusetts 02133