MALLINCKRODT U.S. v. DEPT. OF ENV. PROTECT.

Docket No. BCD-13-121.

90 A.3d 428 (2014)

2014 ME 52

MALLINCKRODT U.S. LLC et al. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Maine.

Decided: April 3, 2014.


Attorney(s) appearing for the Case

Jeffrey D. Talbert, Esq. (orally), Sigmund D. Schutz, Esq. , and David B. Van Slyke, Esq. , Preti, Flaherty, Beliveau & Pachios, LLP, Portland, for appellants Mallinckrodt US LLC and United States Surgical Corporation.

Janet T. Mills , Attorney General, and Peter B. LaFond , Asst. Atty. Gen. (orally), Office of Attorney General, Augusta, on the briefs, for appellee Department of Environmental Protection.

Eric M. Mehnert, Esq. (orally), and Cynthia M. Mehnert, Esq. , Hawkes & Mehnert, LLP, Bangor, on the briefs, for appellee Maine People's Alliance.

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


MEAD, J.

[¶ 1] Mallinckrodt U.S. LLC and United States Surgical Corporation1 (collectively, "Mallinckrodt") appeal from a judgment entered in the Business and Consumer Docket (Nivison, J.) affirming a decision of the Board of Environmental Protection, which modified and affirmed a compliance order issued by the Commissioner of the Department of Environmental Protection. The Commissioner's order required Mallinckrodt to excavate...

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