PENOBSCOT NATION; United States, on its own behalf, and for the benefit of the Penobscot Nation, Plaintiffs, Appellants, Cross-Appellees,
v.
Janet T. MILLS, Attorney General for the State of Maine; Chandler Woodcock, Commissioner for the Maine Department of Inland Fisheries and Wildlife; Joel T. Wilkinson, Colonel for the Maine Warden Service; State of Maine; Town of Howland; True Textiles, Inc.; Guilford-Sangerville Sanitary District; City of Brewer; Town of Millinocket; Kruger Energy (USA) Inc.; Veazie Sewer District; Town of Mattawamkeag; Covanta Maine LLC; Lincoln Sanitary District; Town of East Millinocket; Town of Lincoln; Verso Paper Corporation, Defendants, Appellees, Cross-Appellants,
Expera Old Town; Town of Bucksport; Lincoln Paper and Tissue LLC; Great Northern Paper Company LLC, Defendants, Appellees,
Town of Orono, Defendant.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Mary Gabrielle Sprague , Attorney, Environment and Natural Resources Division, U.S. Department of Justice, with whom John C. Cruden , Assistant Attorney General, Bella Sewall Wolitz , Office of the Solicitor, U.S. Department of the Interior, Steven Miskinis , Attorney, Environment and Natural Resources Division, U.S. Department of Justice, and Elizabeth Ann Peterson , Attorney, Environment and Natural Resources Division, U.S. Department of Justice, were on brief, for appellant United States.
Gerald D. Reid , Assistant Attorney General, Chief, Natural Resources Division, with whom Janet T. Mills , Attorney General, Kimberly L. Patwardhan , Assistant Attorney General, Susan P. Herman , Deputy Attorney General, Chief, Litigation Division, and Christopher C. Taub , Assistant Attorney General, Senior Litigation Counsel, were on brief, for state defendants appellees.
Before Torruella, Selya, and Lynch, Circuit Judges.
LYNCH, Circuit Judge.
The Penobscot Nation (the "Nation") filed suit in federal court against the State of Maine and various state officials (the "State Defendants"), claiming rights as to a 60-mile stretch of the Penobscot River, commonly known as the "Main Stem." The United States intervened in support of the Nation. Private interests, towns,...
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