FOX ISLANDS WIND NEIGHBORS v. DEP

Docket No. Ken-14-137.

116 A.3d 940 (2015)

2015 ME 53

FOX ISLANDS WIND NEIGHBORS, et al. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, et al.

Supreme Judicial Court of Maine.

Decided: May 7, 2015.


Attorney(s) appearing for the Case

Janet T. Mills , Attorney General, and Gerald D. Reid , Asst. Atty. Gen., (orally), Office of the Attorney General, Augusta, for appellants Department of Environmental Protection and Patricia Aho.

Catherine R. Connors, Esq. , (orally), and Nolan L. Reichl, Esq. , Pierce Atwood LLP, Portland, for appellant Fox Islands Wind, LLC.

Rufus E. Brown, Esq. , (orally), Brown & Burke, Portland, for cross-appellants Fox Islands Wind Neighbors, et al.

David G. Webbert, Esq. , and Roberta L. de Araujo, Esq. , Johnson, Webbert & Young, LLP, Augusta, for amicus curiae Maine Employment Lawyers Association.

Zachary L. Heiden, Esq. , American Civil Liberties Union of Maine, Portland, for amicus curiae American Civil Liberties Union of Maine.

Panel: SAUFLEY, C.J., and MEAD, GORMAN, JABAR, and CLIFFORD, JJ.


[¶ 1] The Department of Environmental Protection (DEP), Fox Islands Wind Neighbors (FIWN), and Fox Islands Wind (Fox Island) all appeal from a judgment entered by the Superior Court (Kennebec County, Murphy, J.) on FIWN's Rule 80C petition, reversing DEP's condition compliance order (CCO), remanding to DEP, and dismissing FIWN...

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