Justia Environmental Law Opinion Summaries

Articles Posted in Maine Supreme Judicial Court
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The case involves Hans Utsch and Julia H. Merck's appeal against a denial of their petition for judicial review of an email from the mining coordinator of the Department of Environmental Protection. The case originates from Harold MacQuinn, Inc.'s intent to restart quarry operations in Hall Quarry, Mount Desert. Under Maine law, quarry operations must comply with performance standards, and those intending to operate a quarry must file a “notice of intent to comply” (NOITC) with these performance standards. The email that Utsch and Merck challenge is about whether MacQuinn is required to file a NOITC.From 2012 to 2015, the mining coordinator asserted that MacQuinn did not need to file a NOITC, as the quarry operated before 1970 and was thus grandfathered into the performance standards for quarries. In 2017, the Legislature passed an act that added temporal language to the performance standards for quarries, limiting the one-acre threshold to areas excavated since January 1, 1970. MacQuinn modified its excavation plan so that the total area excavated would not exceed one acre, thus not requiring a NOITC according to the mining coordinator.Utsch and Merck, who live near the quarry, filed a petition for review of the mining coordinator’s email, claiming that the Department violated statutory provisions by determining that MacQuinn does not have to file a NOITC before operating the quarry. The Superior Court denied their petition, on the basis that the email was a final agency action and Utsch and Merck had standing to appeal it.On appeal, the Maine Supreme Judicial Court vacated the Superior Court’s judgment and remanded for dismissal of the petition. The court held that the mining coordinator’s email was not a final agency action, as it did not affect anyone’s “legal rights, duties or privileges” under the Maine Administrative Procedure Act. The court further held that Utsch and Merck's petition was not ripe for consideration as a declaratory judgment action because it fails both prongs required for ripeness, as their allegations were too uncertain and speculative. View "Utsch v. Department of Environmental Protection" on Justia Law

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The Supreme Judicial Court vacated in part the judgment of the superior court affirming the Board of Environmental Protection's decision to upheld a cleanup order issued by the Commissioner of the Department of Environmental Protection pursuant to Me. Rev. Stat. 38, 1365 against Sultan Corporation for hazardous substances located on its property, holding that the Board improperly declined to address the availability of a third-party defense.In upholding the Commissioner's remediation order the Board expressly declined to reach the issue of whether the third-party defense afforded by Me. Rev. Stat. 38, 1367(3) was available to Sultan in an appeal of a Commissioner's section 1365 order because of the Board's conclusion that even if the defense were available, Sultan failed to prove the elements of the defense by a preponderance of the evidence. The superior court affirmed. The Supreme Judicial Court vacated the portion of the Board's order in which the Board declined to address the availability of the third-party defense, holding that the question of whether the defense was available was a threshold issue that must be determined before the Board or a court can consider the merits of the defense. View "Sultan Corporation v. Department of Environmental Protection" on Justia Law

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The Supreme Judicial Court affirmed the judgment of the superior court affirming the decision of the Department of Marine Resources (DMR) to grant an aquaculture lease to Mere Point Oyster Company, LLC (MPOC) in Maquoit Bay, holding that there was no error or abuse of discretion.MPOC applied for a ten-year aquaculture lease for a site in Marquoit Bay located near the shorefront property of Maquoit Bay, LLC and its sole members, Paul and Kathleen Dioli (collectively, the Diolis). DMR approved the application. Thereafter, the Diolis filed a Me. R. Civ. P. 80C petition requesting review of DMR's decision. The superior court affirmed. The Supreme Judicial Court affirmed, holding (1) DMR did not err by approving the lease application without requiring MPOC to consider practicable alternatives; (2) DMR did not err by balancing the interests of MPOC and the public pursuant to Me. Rev. Stat. 6072's express requirements; and (3) the Diolis were not entitled to relief on any of their remaining allegations of error. View "Maquoit Bay LLC v. Department of Marine Resources" on Justia Law

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The Bowers Wind Project proposed to place sixteen wind turbines within the boundary of an expedited permitting area, making them visible from multiple scenic resources of state or national significance. Champlain Wind, LLC filed an application with the Department of Environmental Protection seeking permits to construct the Project. The Department denied Champlain’s application, concluding that the Project did not satisfy the statutory scenic standard. The Board of Environmental Protection affirmed the Department’s denial of Champlain’s permit application, concluding that the Project would “unreasonably adversely affect scenic character and existing uses related to scenic character.” The Supreme Judicial Court affirmed, holding that the Board did not act unlawfully or arbitrarily in its determination that the visual impact of the Project would have an unreasonable adverse effect on the existing scenic character or existing uses related to scenic character of nine affected great ponds. View "Champlain Wind, LLC v. Bd. of Envtl. Prot." on Justia Law