The DEP responded in record time to Pleasant Pond Mill LLC’s motion to withdraw, reconsider, or elucidate sent to the Service List earlier this morning. I expected a quick response, but I didn’t expect them to dismiss it so perfunctorily and with so little fanfare. They did not bother with a procedural order, they simply sent this short email:

Dear Mr. Kelley,

Thank you for your submittal, dated January 2, 2014 containing a Motion for Withdrawal/Reconsideration/Elucidation of the Department’s Procedural Order #9.  The Department has reviewed and considered your Motion and determined that Procedural Order #9 will not be withdrawn or reconsidered.  The ruling issued in Procedural Order #9 stands on its own merits.  The deadline to receive comments on the draft Water Level Order remains as Monday, January 6, 2014.

Sincerely,

Beth Callahan
Project Manager
Division of Land Resource Regulation
Maine Department of Environmental Protection

It is pretty clear to me that the Department of Environmental Protection is tired of Mr. Kelley’s quasi-legal maneuvering and have had enough. One has to wonder whether Mr. Kelley has gotten the message.