On May 27th Aquafortis Associates LLC [AQF] by their counsel Dennis Carrillo finally filed their brief in their ongoing appeal of the Maine DEP’s December 2018 Order transferring the Clary Lake Water Level Order [WLO] to the Clary Lake Association [CLA]. To remind everyone how we got here: when the CLA purchased the Clary Lake dam in October 2018, DEP rules required we file an application with the Department requesting the Order be transferred from Pleasant Pond Mill LLC (in whose name it was originally issued) to the CLA. We did that, and the DEP approved the transfer request in early December 2018. Later that month AQF appealed the DEP transfer order to the Board of Environmental Protection [BEP] who subsequently denied their appeal at a hearing held in Augusta in June 2019. AQF then appealed the BEP ruling to Kennebec County Superior Court in July 2019. In early February 2020 the Kennebec County Superior Court judge granted a motion to change the venue to Lincoln County. In early March of this year, a scheduling order was issued and AQF has finally filed their brief, which brings to now.
Here’s the AQF brief: