S.D. WARREN v. BD. OF ENVIRONMENTAL PRO.


868 A.2d 210 (2005)

2005 ME 27

S.D. WARREN COMPANY v. BOARD OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Maine.

Decided: February 15, 2005.


Attorney(s) appearing for the Case

Matthew D. Manahan, Esq. (orally), Catherine R. Connors, Esq., Pierce Atwood, LLP, Portland, for plaintiff.

G. Steven Rowe, Attorney General, Carol A. Blasi, Asst. Atty. Gen. (orally), Augusta, for defendant.

Sean Mahoney, Esq. (orally), Verrill & Dana, LLP, Portland, Ronald A. Kreisman, Esq., Hallowell, for intervenors American Rivers and Friends of the Presumscot River.

Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, ALEXANDER, CALKINS, and LEVY, JJ.


RUDMAN, J.

[¶ 1] S.D. Warren Company appeals from a judgment entered in the Superior Court (Cumberland County, Cole, J.), affirming the decision of the Board of Environmental Protection (BEP) approving Warren's application for water quality certification pursuant to section 401 of the Clean Water Act (CWA) of 1972, 33 U.S.C.A. § 1341 (West 2001), and 38 M.R.S.A. § 464 (2001 & Supp.2004), subject...

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