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BANGOR HYDRO-ELECTRIC v. BD. OF ENV. PROT.

595 A.2d 438 (1991)

BANGOR HYDRO-ELECTRIC COMPANY, ET AL. v. BOARD OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Maine.

Decided July 30, 1991.

Attorney(s) appearing for the Case

Michael E. Carpenter, Atty. Gen., Thomas Harnett, Asst. Atty. Gen. (orally), Augusta, for appellant.

Jeffrey D. Thaler, Berman, Simmons & Goldberg, Lewiston, Joanne Freund Lesher, Boston, Mass., Todd R. Burrowes, Falmouth, for Amici Curiae Conservation Law Foundation, Maine Audubon Soc.

Robert G. Dreher, Deborah S. Smith, Sierra Club Legal Defense Fund, Inc., Washington, D.C., for amici curiae Atlantic Salmon Federation, American Rivers, and Sierra Club.

Virginia E. Davis (orally), John P. McVeigh, Joseph Donahue, Preti, Flaherty, Beliveau & Pachios, Augusta, for appellee.

Gordon H.S. Scott (orally), Eaton, Peabody, Bradford & Veague, Augusta, for Nat. Hydropower Assoc.

William Laubenstein, Sarah Verville, Augusta, for intervenor Central Maine Power Co.

Before ROBERTS, WATHEN, GLASSMAN, CLIFFORD and COLLINS, JJ.

ROBERTS, Justice.

The Board of Environmental Protection (the Board) appeals from a judgment of the Superior Court (Kennebec County, Alexander, J.). vacating the Board's denial of water quality certification for the Milford Hydroelectric Project (the Project) operated by Bangor Hydro-Electric Company (Bangor Hydro) on the Penobscot River. The principal issue on appeal is whether the Board exceeded its authority under the water classification statute, 38 M.R...

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