FOLL. v. BOARD OF ENVIRONMENTAL PROTECTION

Docket: BEP-09-467

989 A.2d 1128 (2010)

2010 ME 18

FRIENDS OF LINCOLN LAKES et al. v. BOARD OF ENVIRONMENTAL PROTECTION et al.

Supreme Judicial Court of Maine.

Decided: March 11, 2010.


Attorney(s) appearing for the Case

Lynne Williams, Esq. (orally), Bar Harbor, ME, for the Friends of Lincoln Lakes.

Janet T. Mills, Attorney General, Margaret Bensinger, Asst. Atty. Gen. (orally), Amy Mills, Asst. Atty. Gen., Augusta, ME, for the Board of Environmental Protection.

Juliet T. Browne, Esq. (orally), Scott D. Anderson, Esq., Gordon R. Smith, Esq., Verrill Dana, LLP, Portland, ME, for Evergreen Wind Power III, LLC.

Sean Mahoney, Esq., Conservation Law Foundation, Portland, ME, for amicus curiae Conservation Law Foundation.

Rufus E. Brown, Esq., Brown & Burke, Portland, ME, for amicus curiae Concerned Citizens to Save Roxbury.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.


ALEXANDER, J.

[¶ 1] The Friends of Lincoln Lakes, a Maine nonprofit corporation, and certain individuals (collectively "FOLL") appeal,1 pursuant to 38 M.R.S. § 346(4) (2009), from a decision of the Board of Environmental Protection (Board) which affirmed an order of the Department of Environmental Protection (Department) approving the issuance of permits to Evergreen Wind Power III, LLC, to construct a wind energy generation...

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