Belfast harbor struggle: Court sets Aug 27th oral arguments on plaintiffs' charge of improper acts by Governor, staff & family.l

 DEP 80C Appeal: 8/27 Oral argument in the DEP case on my Motion to Amend

Justice Murray has scheduled a ONE HOUR oral argument, on 8/27 beg

inning at 3 p.m. on my motion to amend the 80C Petition to include independent claims relating to the due process violations resulting from the Mills’ Administration’s exertion of political pressure to influence the TRI determinations by BEP, DEP, BPL at the request of the Governor’s brother Peter and Peter DelGreco of Maine & Co. acting on NAF’s behalf and to promote the “burgeoning aquaculture industry”.  This motion and now argument was made possible by the FOAA responses that Lawrence and Paul doggedly dragged out of these agencies.  Time to connect the dots for Justice Murray.

The response filed by AAG Bensinger and Jensen, to my most recent filing of the supplemental documents that Paul got that the DEP, Reid and the Governor’s office withheld first from me and later even from Lawrence (altho he got more documents that I ever could), is based on the claim that none of these documents is in the record before the BEP so the political influence revealed is irrelevant because it did not influence the Board’s decision.  This is absurd of course because the only information that the Board did see was whatever Jerry Reid want them to see — nothing more.

The independent claims that need to be filed in this case are as much about what is not in the record, as what is in the record.  The issue is a simple "junk in-junk out” problem.  And the use of the same AAGs to represent DEP and BEP compound the problem and defeats the independence of the Board.  They even manipulated which board members could consider our TRI challenges — excluding Sue Lessard.

It would be helpful to my preparation to have a good summary relating to the exclusion of evidence from the record that others have endured, as well as the denial of the right to appeal to the full board that the Presiding Officer imposed later in the proceedings.  The dilution issue if one really good example that I am not well-versed in the details of — if someone could get me a good summary on this it would help..  I will work on a chronology relating to the sediment testing issue and the haul route for the dredge spoils. but these will be mentioned in passing — the focus will obviously be on the “non-trivial TRI issues” and the interference on that issue specifically — including excluding evidence submitted by Intervenors that was not included in the record, and the unappealable orders by the Presiding Officer.

Buckle up.  Winter is coming...