Category Archives: Department of Environmental Protecion

02 June 2018: More Filings in the Bankruptcy Sale Proceeding

There were two filings made Friday June 1st in the Bankruptcy Sale proceeding by J. Scott Logan Esq, counsel for Debtor Paul Kelley. The first filing, document #30, is an objection to the Motion to Sell and doesn’t contain any … Continue reading

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31 May 2018 Bankruptcy Court Update: State Files Response in Support of Trustee’s Motions

Representing the Maine Department of Environmental Protection, Assistant Attorney General Kevin Crosman, Esq. has filed a brief with the U.S. Bankruptcy Court in response to motions filed last week by Bankruptcy Trustee Jeffrey Piampiano, Esq. The State fully supports the … Continue reading

Posted in Court Action, Department of Environmental Protecion, Personal Bankruptcy | 2 Comments

20 March 2018 Central Maine Papers: Clary Lake residents await enforcement of water level order

There is an article in today’s Central Maine Papers (Kennebec Journal, Morning Sentinel) about the recent Superior Court ruling by staff writer Jessica Lowell: Clary Lake residents await enforcement of water level order following years of dispute Love all the … Continue reading

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20 March 2018: The Clary Lake Water Level Order Stands

It’s been 3 weeks since the recent Superior Court ruling affirming the Clary Lake Water Level Order, and Aquafortis Associates LLC has apparently decided not to challenge it. I just spoke to the Lincoln County Superior Court Clerk who confirmed that … Continue reading

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14 March 2018 Lincoln County News: DEP’s Court Win Clears Way for Clary Lake Water Level to Return

We haven’t had a Lincoln County News reporter covering Clary Lake since sometime last summer, until now. Reporter Greg Foster has written a great first article on Clary Lake: DEP’s Court Win Clears Way for Clary Lake Water Level to … Continue reading

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05 March 2018: What’s Next for the Water Level Order?

In light of the recent Superior Court decision affirming the Clary Lake Water Level Order [WLO], people are quite justified in asking “What’s next?” regarding the DEP taking enforcement action. The Water Level Order after all was issued over 4 … Continue reading

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27 February 2018: CLARY LAKE WATER LEVEL ORDER UPHELD

Finally! After 4 long years of legal wrangling, yesterday Justice Billings issued his Decision and Order in the matter of Aquafortis Associates LLC [AQF] vs Maine Department of Environmental Protection, denying AQF’s Rule 80C appeal and fully AFFIRMING the Clary … Continue reading

Posted in Court Action, Department of Environmental Protecion, Superior Court, Water Level Order | 7 Comments

08 February 2018 Centralmaine.com: Clary Lake Dam water level order appeal heard in Wiscasset court

Clary Lake Dam water level order appeal heard in Wiscasset court Here’s an archived PDF copy if for some reason you can’t get the on line article. Clary Lake Dam water level order appeal heard in Wiscasset court

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07 February 2018: Update on the Clary Lake Water Level Order Appeal

I attended the hearing for oral arguments on the Clary Lake water level order appeal yesterday in Lincoln County Superior Court (case AP 2014-1, Aquafortis Associates LLC [AQF] v. Maine Department of Environmental Protection [DEP or Department]). I was accompanied … Continue reading

Posted in Court Action, Department of Environmental Protecion, Superior Court, Water Level Order | 2 Comments

05 February 2018 Reminder: WLO Appeal Hearing for Oral Arguments Tomorrow, February 6th

A quick reminder that a hearing for oral arguments in the Clary Lake Water Level Order Appeal is scheduled for tomorrow, Tuesday February 6th at 1:30 PM at the Lincoln County Courthouse in Wiscasset. The hearing is expected to last … Continue reading

Posted in Association News, Court Action, Department of Environmental Protecion, Superior Court, Water Level Order | 2 Comments

11 January 2018: Water Level Order Appeal Update

A hearing for oral arguments has been scheduled in Lincoln County Superior Court for Tuesday, February 6, 2018 at 1:30 PM. The hearing is expected to last approximately 1 hour. The purpose of the hearing is to provide an opportunity … Continue reading

Posted in Court Action, Department of Environmental Protecion, Superior Court, Water Level Order | 2 Comments

05 December 2017: Aquafortis Associates Replies to State’s Brief

On Monday December 4th, counsel for Aquafortis Associates LLC [AQF] filed their reply to the State’s brief which the State filed with the Court on November 15th. This latest filing brings the briefing schedule of the Clary Lake Water Level … Continue reading

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20 November 2017: Thoughts On The Recently Filed State’s Response Brief

Last Wednesday afternoon Assistant Attorney General Scott Boak filed the Department of Environmental Protection’s brief in response to Aquafortis Associates LLC’s brief appealing the Clary Lake Water Level Order [WLO]. AquaFortis Associates LLC [AQF] filed their brief back on October 6th. … Continue reading

Posted in Commentary, Department of Environmental Protecion, Water Level Order | 2 Comments

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 … Continue reading

Posted in Department of Environmental Protecion, Superior Court, Water Level Order | 3 Comments

13 November 2017: DEP Responds to Clary Lake Association Petition

Back on August 21st we filed a petition with DEP requesting they take enforcement action on the Clary Lake Water Level Order [WLO].  We finally received a response from DEP Commissioner Paul Mercer by way of a letter from him … Continue reading

Posted in Department of Environmental Protecion, Water Level Order | 5 Comments

21 October 2017: Update on Clary Lake Water Level Order Appeal

Back on October 10th I posted Aquafortis Associates LLC’s [AQF] Rule 80C Brief and at the time I said I hadn’t read it but that I would shortly and would post my thoughts “at a later date.” I know some of you … Continue reading

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10 October 2017: Aquafortis Associates Rule 80C Brief Filed

After three and a half years of countless delays and numerous stays, the Clary Lake Water Level Order appeal is finally getting down to business. Late last Friday counsel for Aquafortis Associates LLC (AQF) hand delivered their 40+ page brief … Continue reading

Posted in Court Action, Department of Environmental Protecion, Superior Court, Water Level Order | 1 Comment

26 September 2017: WLO Appeal Briefing Schedule Revised

The briefing schedule for upcoming filings in the Clary Lake Water Level Order Appeal that was included in the August 15th Court Order (see “Clary Lake Water Level Order Appeal Update“) has been revised by the Court in response to a motion … Continue reading

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27 August 2017 Centralmaine.com: Whitefield and Jefferson residents list frustrations in petition to DEP

There is an article in today’s Centralmaine.com papers  by staff writer Jessica Lowell about the Petition we submitted to DEP last week. The article is in the Kennebec Journal, the Morning Sentinel, and was also picked up by the Portland … Continue reading

Posted in Clary Lake Dam, Department of Environmental Protecion, News, Newspaper Article, Water Level Order | 2 Comments

23 August 2017 Lincoln County News: Petition Calls on DEP to Enforce Clary Lake Water-Level Order

There’s an article in this week’s Lincoln County News by Staff Reporter Abigail Adams about the Petition we filed with DEP on Monday, August 21st. It’s a detailed and timely writeup. Ms. Adams includes a comment from David Madore, DEP … Continue reading

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