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PENOBSCOT NATION v. FREY

Nos. 16-1424 16-1435 16-1474 16-1482.

3 F.4th 484 (2021)

PENOBSCOT NATION; United States, on its own behalf, and for the benefit of the Penobscot Nation, Plaintiffs, Appellants/Cross-Appellees, v. Aaron M. FREY, Attorney General for the State of Maine; Judy A. Camuso, Commissioner for the Maine Department of Inland Fisheries and Wildlife; DAN SCOTT, 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.

July 8, 2021.

Attorney(s) appearing for the Case

Pratik A. Shah , with whom Lide E. Paterno , Akin Gump Strauss Hauer & Feld LLP, Kaighn Smith, Jr. , David M. Kallin , and Drummond Woodsum were on brief, for appellant/cross-appellee Penobscot Nation.

Mary Gabrielle Sprague , Attorney, Environment and Natural Resources Division, United States Department of Justice, with whom Jeffrey Bossert Clark , Assistant Attorney General, and Eric Grant , Deputy Assistant Attorney General, were on brief, for appellant/cross-appellee United States.

Kimberly Leehaug Patwardhan , Assistant Attorney General for the State of Maine, with whom Aaron M. Frey , Attorney General for the State of Maine, and Christopher C. Taub , Deputy Attorney General for the State of Maine, were on brief, for state defendant appellees/cross-appellants.

Joshua D. Dunlap , with whom Matthew D. Manahan and Pierce Atwood LLP, were on brief, for state intervenor appellees/cross-appellants.

Before Howard, Chief Judge, Selya, Lynch, Thompson, and Barron, Circuit Judges.

Opinion En Banc

On August 20, 2012, the Penobscot Nation (the "Nation") brought suit against the State of Maine and various state officials (the "State Defendants"). The Nation stated in its original complaint, later amended, that when it entered into an agreement with Maine to settle its land claims in the state...

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