16 November 2017: State Files Response Brief in Superior Court

Yesterday afternoon, as expected, Assistant Attorney General Scott Boak hand-delivered DEP’s Reply brief to Superior Court, thereby responding to the Rule 80c Brief filed by Aquafortis Associates LLC [AQF] on October 1oth. This much-anticipated brief (40 pages plus 36 pages of supporting documents) represents the State’s one opportunity to present written arguments to the Court supporting the Clary Lake Water Level Order and Attorney Boak has done an outstanding job of making the State’s case. If you’ve been following the Clary Lake water level saga at all closely, you’re really going to enjoy reading it. For me, it was a trip down memory lane. Granted, parts of it are a little difficult to get through but for the most part I found the brief easy to read, absolutely fascinating, and a joy to read: 

As with the Rule 80C Brief filed by AQF, the State’s Brief includes numerous references to documents in the State’s Administrative Record (numbered 1 through 264). If you want to track down any given AR document to see what it says, you’ll find it in the following directory which includes an index file 000-Index.pdf so you can tell what’s what.

Next up: According to the Court’s briefing schedule, AQF will need to file their reply brief by December 4th. The Judge will then schedule a hearing for the parties to present their arguments, probably sometime after the first of the year.

Stay Tuned.

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3 Responses to 16 November 2017: State Files Response Brief in Superior Court

  1. Is everyone enjoying this brief? I’ve just re-read it (second time) while referring to numerous AR citations and I gotta say, AQF’s arguments have been admirably debunked and dismissed. Hat’s off to Attorney Scott Boak who clearly has a thorough and superior grasp of the elements of this case.

  2. Stephen Viti says:

    That was a good read, though it took two viewings to get through it. Let’s hope this gets us on our way to the way things were before Kelly came to town.

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