Kain v. Massachusetts Department of Environmental Protection

32 Mass. L. Rptr. 668
CourtMassachusetts Superior Court
DecidedMarch 24, 2015
DocketNo. SUCV201402551
StatusPublished

This text of 32 Mass. L. Rptr. 668 (Kain v. Massachusetts Department of Environmental Protection) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kain v. Massachusetts Department of Environmental Protection, 32 Mass. L. Rptr. 668 (Mass. Ct. App. 2015).

Opinion

Gordon, Robert B., J.

The plaintiffs, four private citizens and two nonprofit organizations, allege in their two-count Complaint that the defendant, Massachusetts Department of Environmental Protection (“DEP” or the “Department”), has failed to perform statutorily mandated duties under a particular subsection of the Global Warming Solutions Act — namely, G.L.c. 21N, §3(d). The plaintiffs now move for a declar-atoiyjudgment on the pleadings and/or the issuance of a writ of mandamus to DEP. The Department opposes the plaintiffs’ motion, and requests entry of a declaratory judgment in its favor. The Court held a hearing on March 9, 2015 and heard extensive arguments. For the reasons set forth below, the plaintiffs’ motion will be DENIED, and a declaratory judgment shall enter in favor of the defendant.

BACKGROUND

The following background facts are taken from the allegations in the Complaint and the exhibits attached thereto, which the Court accepts as true for purposes of the present Rule 12(c) motion. See Wheatley v. Massachusetts Insurers Insolvency Fund, 456 Mass. 594, 596 (2010). The Court reserves certain facts for later discussion.

Enacted in 2008, the Global Warming Solutions Act (“GWSA” or the “Act”) is a legislative scheme designed to address the effects of climate change in the Commonwealth by promoting “green” economic initiatives and reducing greenhouse gas emissions.2 The GWSA imposes certain duties on various Massachusetts executive offices and agencies. For example, the Act requires the Secretary of Energy and Environmental Affairs (the “Secretary”) to adopt a statewide greenhouse gas emissions limit for the year 2020. See G.L.c. 21N, §3(b). A separate but related section of the law provides the algorithm by which the Secretary’s 2020 emissions limit must be calculated. Id. at §4(a). The GWSA provision at issue in the present case (“Section 3(d)”) specifically provides as follows:

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

G.L.c. 21N, §3(d).3 Regulations issued by DEP pursuant to §3(d) were to be instituted by January 1, 2012, take effect on January 1, 2013, and expire on December 31, 2020. See St. 2008, c. 298, §16. The statutory deadline for issuing §3(d)-compliant regulations came and went in January 2012, without any Department action taken pursuant to this subsection.

In November 2012, a group of Massachusetts residents — including some of the plaintiffs in the case at bar — submitted to the Department a rulemaking petition seeking regulations that would strictly control greenhouse gas emissions, citing the DEP’s authorify under §3(d).4 Various environmental advocacy organizations, as well as multiple health care and business interests, supported the petition. At that time, the Department had promulgated a number of regulations pursuant to authorify granted in other GWSA provisions, but had not yet expressly taken action under §3(d).

DEP held a public hearing on June 13, 2013 to consider and discuss the petition. Shortly after the hearing, DEP issued a written statement in response to the petitioners’ demands, outlining the Department’s decisions and the reasons therefor. In broad compass, DEP’s position was that it had complied with all requirements of the GWSA, including those set forth in §3(d). The DEP statement listed specific regulatoiy schemes the Department had established to reduce greenhouse gases and combat climate change, including prescribed limits on sulfur hexafluoride (SFg) leaks, a regional cap and trade market to manage carbon dioxide (C02) emission allowances, and a Low Emission Vehicle (LEV) program addressed to automobile emissions. The Department asserted that such initiatives (singly or in combination) fulfilled the §3(d) mandate. DEP took no further action at that time.

On August 11, 2014, the plaintiffs filed their Complaint with this Court. The plaintiffs seek a declaratory judgment or, in the alternative, a writ of mandamus, asserting that DEP has failed to meet its statutory mandate to issue regulations compliant with §3(d) of the GWSA. DEP counters that it has satisfied the requirements of §3(d), fairly construed, and therefore requests that a declaratory judgment to this effect enter in its favor as a matter of law.

DISCUSSION

The parties agree that the pleadings present no disputes of material fact, and that the sole question presented for decision in this matter turns entirely on statutory interpretation. Judgment on the pleadings is thus proper under Mass.R.Civ.P. 12(c). See Tanner v. Board of Appeals of Belmont, 27 Mass.App.Ct. 1181, 1182 (1989); see also Commonwealth v. Richards, 426 [670]*670Mass. 689, 691 (1998) (a matter of statutory interpretation presents a “pure issue of law”).

I. Standard of Review

“The duty of statutory interpretation is for the courts, but an administrative agency’s interpretation of a statute within its charge is accorded weight and deference. Where the agency’s statutory interpretation is reasonable, the court should not supplant its judgment.” Dowling v. Registrar of Motor Vehicles, 425 Mass. 523, 525 (1997), quoting Massachusetts Medical Soc’y v. Commissioner of Ins., 402 Mass. 44, 62 (1988). Such deference is required even where the statutory language may be ambiguous. See Alliance to Protect Nantucket Sound v. Department of Pub. Utils., 461 Mass. 166, 182 (2011). In the present case, it is the plaintiffs’ ultimate burden to show that (1) DEP’s interpretation of the GWSA is invalid and (2) the Department’s actions taken thereunder are insufficient as a matter of law to meet the mandate of the statute. See Commerce Ins. Co. v. Commissioner of Ins., 447 Mass. 478, 481 (2006).

II. G.L.c. 2 IN, §3(d)

With a legislative enterprise as broad and complex as the GWSA, “there are likely to be casual overstatements and understatements, half-answers, and gaps in the statutory provisions. As practice develops and the difficulties are revealed, the courts are called on to interweave the statute with decisions answering the difficulties and composing, as far as feasible and reasonable, an harmonious structure faithful to the basic designs and purposes of the Legislature.” Mailhot v. Travelers Ins. Co., 375 Mass. 342, 345 (1978) (discussing interpretation and application of Massachusetts “no fault” insurance statutory scheme). Various factors may be relevant to statutory interpretation, but the most important is legislative intent. See Quincy City Hosp. v. Rate Setting Comm’n, 406 Mass. 431, 449 (1990).

Here, the parties offer two competing interpretations of §3(d). The plaintiffs argue that its language reflects a legislative intent for DEP to issue strict, numerical, enforceable limits — what they characterize as “mandatory restraints” — on greenhouse gas emissions for sources or categories of sources of greenhouse gases. DEP, on the other hand, focuses on the phrase “a desired level of’ in §3(d), and asserts that the law mandates only that the Department establish aspirational or “target” emissions levels for sources or categories of sources of greenhouse gas emissions.

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Bluebook (online)
32 Mass. L. Rptr. 668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kain-v-massachusetts-department-of-environmental-protection-masssuperct-2015.