On August 23rd 2022, Sierra Club held an online "Community Conversation"
(links to audio below) featuring two veteran environmental attorneys, David Losee and Charlie Bering.
Each gave online briefings on the history of the federal Clean Water Act, and how Maine DEP and its Board of Environmental Protection have developed strategies to get around the law when reviewing pollution permits sought by favored companies, for example, Nordic Aqua Farms.
Introduction by Jim Merkel, Sierra Club 5min * Spkr 1. David Losee 19min 20sec * .Spkr2 Charlie Bering 23min
Losee excerpt: How DEP/BEP misuse state laws & rules to favor certain applicants & foil appellants 6min
Takeaways from their talks:
1 This federal CWA and the state laws related to it are adequate to the task: eliminating water pollution.
2. Maine DEP and its Board of Environmental Protection are abusing the process: The agency grants pollution licenses to favored applicants like Nordic Aquafarms
even when they know the applicant cannot meet required pollution limits. How? The discharger-wannabees must promise to
meet the requirements later, once their salmon tankfarm is operating at full capacity.3. Maine's Board of Environmental Protection likewise abuses the law. How? By deciding not to review the whole pollution application but just some parts of it. Big Problem: the parts that BEP does NOT consider - cannot later be raised in a court appeal.
For Example in Nordic's case, DEP and the Board of Environmetal "Protection" decided before the BEP hearing that, among other things, none of the climate concerns raised (in detail by environmental attorneys would even be considered in its review. This despite the state recently adopting the very Climate Goals and water quality goals that DEP and its Board decided to ignore.
In essence, exempting Nordic aquafarm from the Clean Water Act and such related state laws as the Site Law and NRPA.
Sigh.
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