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UTSCH v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

Docket No. Ken-22-418.

2024 ME 10

HANS UTSCH et al. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Maine.

Decided January 30, 2024.

Attorney(s) appearing for the Case

Matthew D. Manahan, Esq. , and Joshua D. Dunlap, Esq. (orally), Pierce Atwood LLP, Portland, for appellants Hans Utsch and Julia H. Merck.

Aaron M. Frey , Attorney General, Robert L. Martin , Asst. Atty. Gen. (orally), and Margaret A. Bensinger , Asst. Atty. Gen., Office of the Attorney General, Augusta, for cross-appellant Department of Environmental Protection.

Edmond J. Bearor, Esq. , and Jonathan P. Hunter, Esq. (orally), Rudman Winchell, Bangor, for appellee Harold MacQuinn, Inc.

Panel: STANFILL, C.J., and MEAD, JABAR, HORTON, LAWRENCE, and DOUGLAS, JJ.

[¶1] Hans Utsch and Julia H. Merck appeal from a judgment of the Superior Court (Kennebec County, Stokes, J.) denying their Rule 80C petition for judicial review of an email from the mining coordinator of the Department of Environmental Protection. Because we conclude that the email that Utsch and Merck challenge is not...

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