ELR Citation: ELR 20113
No(s). 94128 Equity (Mass. Super. Ct. Jan 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, MA 02109

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