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SWIFT RIVER CO. v. BD. OF ENV. PROTECTION

550 A.2d 359 (1988)

SWIFT RIVER COMPANY, INC. v. BOARD OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Maine.

Decided November 8, 1988.

Attorney(s) appearing for the Case

John C. Bannon (orally), Murray, Plumb & Murray, Portland, for appellant.

Phyllis Gardiner (orally), Asst. Atty. Gen., Augusta, for Bd. of Environmental Protection.

Linda Smith Dyer (orally), Dyer & Goodall, Augusta, for Friends of the Penobscot River.

Patrick J. Scully, Bernstein, Shur, Sawyer & Nelson, Portland, amicus curiae— Natural Resources Council of Maine.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD and HORNBY, JJ.

HORNBY, Justice.

This case requires us to interpret Maine's 1983 "Act to Promote the Wise Use and Management of Maine's Outstanding River Resources." P.L.1983, Ch. 458 § 1. We must determine the relationship between the provisions for "special protection for outstanding rivers" codified in the Maine Rivers Chapter, 12 M.R.S.A. §§ 401-406 (Supp.1987), and the provisions for licensing hydropower projects codified in the Maine Waterway Development and...

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