BEP in no hurry to comply with Law Court decisions
FOR IMMEDIATE RELEASE
BELFAST, MAINE – Maybe it’s the rain. Maybe it’s the humidity. But whatever it is, the Bureau of Environmental Protection (BEP) has yet to apply the Supreme Judicial Court’s (a/k/a “the Law Court” decisions in Mabee v. Nordic Aquafarms, Inc.
Six months ago the ownership issue was settled. More than two months ago the Law Court entered its Order remanding our 80C appeal back to the Board of Environmental Protection (BEP). BEP must determine the impact of the Law Court’s Feb. 16, 2023 decision in the ownership case on its 2020 orders granting Nordic permits and licenses…orders that incorrectly authorized Nordic to use land that the Law Court determined Jeffrey Mabee and Judith Grace own and on which Friends hold a valid and enforceable conservation easement.
So what is taking so long for BEP to do the right thing?
Simply put, BEP has slow-walked its required response to the Law Court’s decisions that:
(1) Jeffery and Judith own the mudflats;
(2) FHLH has a valid and enforceable conservation easement for them; and
(3) A 1946 restrictive covenant against any for-profit business being conducted on the uplands above the flats is binding the Eckrotes, the City of Belfast and Nordic.
The Law Court’s rulings effectively pulled the rug out from under Nordic’s claims of “sufficient” right, title, or interest necessary to obtain and retain the state permits and licenses granted by the Board in 2020. But it took BEP until July 14 to even begin complying with the Law Court’s directive. That is how unwilling the Board is to admit that it made a wrong decision and then “doubled down” on it all the way through the permitting process.
This timeline shows how slowly the wheels turn in Maine’s regulatory universe, even when the Law Court has entered a verdict that establishes an agency’s improper decisions are wrong as a matter of law.
February 16, 2023: The Law Court enters its decision in favor of Mabee-Grace and Friends.
May 10: The Law Court directs the BCD court to “remand” the permits to BEP.
May 15: The BCD court remands the permits and instructs BEP to adjust its findings in line with the Law Court’s rulings.
May 19: BEP asks Law Court to reconsider.
June 29: The Law Court rejects BEP’s motion for reconsideration.
July 5: Mabee-Grace and Friends, along with Lobstering representatives, file their motion with BEP to vacate the permits and licenses erroneously in 2020.
July 5: HLH also files motion with BEP to intervene in the reconsideration proceedings.
July 7: Upstream Watch (UW) files a petition with BEP to revoke Nordic’s permits.
July 14: BEP notifies all parties, “Stay tuned.” [Copy attached.]
Six months have passed, and we are still on Square One. BEP must do the right thing.
Vigilance, persistence, and pressure are still needed!
For more information, please reach out to hartleyconservationarea@gmail.com.
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