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FPL ENERGY MAINE v. DEPT. OF ENV. PRO.

926 A.2d 1197 (2007)

2007 ME 97

FPL ENERGY MAINE HYDRO LLC v. DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Maine.

Decided: July 26, 2007.

Attorney(s) appearing for the Case

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

G. Steven Rowe, Attorney General, Gerald D. Reid, Asst. Atty. Gen. (orally), Augusta, for defendant.

Andrew A. Cadot, Esq., Christopher M. Dargie, Esq. (orally), Perkins Thompson, P.A., Portland, for intervenors Maine Rivers, Trout Unlimited, Appalachian Mountain Club and Natural Resources Council of Maine.

James B. Haddow, Esq., Petrucelli, Martin & Haddow, LLP, Portland, for amicus curiae New England Legal Foundation.

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

SILVER, J.

[¶ 1] FPL Energy Maine Hydro LLC appeals from a judgment entered in Superior Court (Kennebec County, Marden, J.) affirming the Board of Environmental Protection's denial of water quality certification for the Flagstaff Storage Project, owned and operated by FPL. The Board's denial reversed an earlier decision by the Department of Environmental Protection, which certified the Project. FPL argues that...

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