Penobscot Bay Blog: Wassumkeag

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Sep 16, 2025

Sears Island Federal Court Cases 1985-1992

Sears Island Federal Court Cases 1985-1992

Sierra Club of New England waged a seven year struggle in federal court in the mid 1980s and early '90s to keep Sears Island free of development. Read the amazing legal decisions that the Sierra Club achieved in those years - before the New England Sierra Club broke up into Maine, NH and Massachusetts chapters in 2000.

1985 Sierra Club v. Marsh, 769 F.2d 868 (1st Cir. 1985)
"In sum, given the likely secondary effects of the Sears Island project and the other effects previously described, the record in this case cannot support a FONSI, and therefore an EIS must be prepared. We reach this conclusion not because preparation of an EIS is merely a technical requirement which, under NEPA and its implementing regulations, we must here enforce. Rather, this requirement reflects NEPA's underlying purpose in requiring agencies to determine and assess environmental effects in a systematic way--namely, having decisionmakers focus on these effects when they make major decisions. That is to say, the requirement flows not only from the letter, but also from the spirit, of NEPA."

1985 Sierra Club v. Secretary of Transportation. 779 F.2d 776 (1st Cir)
Maine DOT appealed a ruling by the US District Court for Maine in favor of the Sierra Club, holding that the Coast Guard had arbitrarily and capriciously issued a permit for the construction of a "bridge" between Kidder Point, Maine, and Sears Island, Maine. The Court of Appeals here upholds the permit revocation, writing:

"The arbitrary and capricious action of the Coast Guard in allowing Maine DOT to submit an application for a causeway as if it were an application for a bridge and approving such application by itself treating the structure as a bridge is sufficient to justify the revocation of the permit."

1987 Sierra Club v. Secretary of Army 820 F.2d 513 Circuit Court of appeals rejects appeal by government of attorneys fees awarded to Sierra Club from Sears Island causeway case.

1989 Sierra Club v. Marsh 872 F.2d 497 "The Sierra Club asked the district court to enjoin both the federal and state agencies from continuing to build the causeway or otherwise work upon the Sears Island project while the court considered the merits of its various, rather complex objections...The federal district court denied the Sierra Club's request for a preliminary injunction. The determination of the district court not to issue the preliminary injunction is vacated and this case is remanded for further proceedings..."

1990 Sierra Club v. Marsh, 907 F.2d 210 (1st Cir. 1990) "Construction of the project remains at a standstill pending full NEPA compliance. The November 1 order neither modified nor continued the injunction in any jurisdictionally significant respect....We need go no further. In the present posture of the case, an interlocutory appeal will not lie. The Club, yearning for the blossom when only the bud is ready, has come to us prematurely...The appeal is dismissed for want of appellate jurisdiction. Costs in favor of appellees.

1992 Sierra Club v. Marsh, 976 F.2d 763 (1st Cir. 1992) "Sierra Club challenges the district court's conclusion that the analysis of secondary impacts in the agencies' final EIS satisfies NEPA. We affirm."

Mar 14, 2025

Sears Island at the State House March 12, 2025, Dissolving JUPC and respecting the estuary.

On March 12, 2025 , two Sears Island bills LD 226 & LD 735 came before the Maine Legislature's Environment and Natural Resources committee:

Below listen to mp3s of the voices of Committee members, bills' sponsor Represenstive Reagan Paul. and then supporters, detractors and Neither For Nor Against-ers NFNA . (mp3s) More to come

* ENR Committee introductions 4 min 44sec
* Bill introduction by Rep Reagan Paul 13min16sec & QA

Government Officials

* Celina Cunningham_Governor's Energy Office 8min25sec

* Searsport Town manager James Gilway 4min 9 sec8

* Passamaquoddy Nation Frederick Moore Statement 3min35sec Q&A 10 min45sec

Bills Supporters

* Lawrence Reichardt 4min

* Nancy Galland 5min

* Jillian Howell 3min 29sec

* Kelsey Fenwick, lobsterman Port Clyde 3min

* Will Neils 4min 45 sec

* David Italiaander 3min24sec

* Becky Bartovics, North Haven. 5min 15sec

* Bill Carpenter 5min 32sec

* Katie Giddings 3min 15sec

Opponents

* David Gelinas 4min 31sec

* C. Gundrum, Maine Audubon & QA 7min35sec

* Dennis Damon * QA 12min 53sec

Neither For Nor Against

Jeff Romano, Maine Coast Heritage Trust

May 20, 2024

Sears Island: Federal officials involved. Contacts and backstories 5/19/24

Federal Staff involved in 2024 Sears Island Port & Factory Plan

Below are links to the federal officials of ACOE FHWA, EPA, NOAA , USFWS presently awaiting the release of two completely different designs for a Maine Windport.

*US Army Corps of Engineers.
Christine Jacek ACOE Christine.M.Jacek@usace.army.mil
(978) 318-8026,. (800) 343-4789 or (800) 362-4367.

Shawn Mahaney ACOE Waldo County, Maine Project Office
207-233-3243 978-318-8492 Shawn.B.Mahaney@usace.army.mil

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* Federal Highway Administration
Gary Scholze, FHWA Enviro Specialist,
gary.scholze@dot.gov 207-512-4917
40 Western Ave Rm 614 Augusta ME 04330
FHWA ME office email: Maine.fhwa@dot.gov. Phone: (207) 622-8350

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* US Environmental Protection Agency Region 1

Region 1 media contacts

Phil Colarusso EPA EELGRASS

colarusso.phil@epa.gov 617-918-1506

USEPA REGION 1
5 Post Office Square
Mail Code: 06-1
Boston, MA 02109-3912

Read Colarusso 2021 testimony to ME legislature on eelgrass 3/14/21(pdf)

Tim Timmerman EPA NEPA LEAD

617) 918-1025 Timmermann.Timothy@epa.gov

Timmerman comments on Vineyard offshore_windfarm (pdf)_

Alexandra Dwyer, EPA PHYSICAL SCIENCES

617-918-1150 <Dwyer.Alexandra@epa.gov>

Former President of Women in Geosciences

Graduated from college in 2022 "Physical scientists study the relationships between matter, energy, and other physical phenomena. "

["In May 2023 ] I graduated summa cum laude with a Bachelor's of Science in Geoscience and a Bachelor's of Arts in Environmental Studies from Hobart and William Smith Colleges (HWS). I am honored to exit HWS as junior-elected member of the Zeta Chapter of The Phi Beta Kappa Society, a Goldwater Scholar, and a former NOAA Hollings Scholar. My experience at the Colleges has been life changing, one that has both allowed and pushed me to become the best version of myself as a thinker, researcher, communicator, colleague, and friend.

The skills that I have gained as a Geoscience Teaching Fellow, an Atmospheric Science Research Assistant, and a research intern for NOAA's National Sea Grant Office would not have been possible without support and opportunity from the Geoscience Department, particularly from Neil Laird and Nicholas Metz.

Looking ahead, I am beyond excited to enter into the world of climate and environmental sustainability, and to begin realizing the impact that I can make. Thank you, thank you, HWS!"

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* NOAA

Kaitlyn Shaw NOAA (978) 282-8457 <kaitlyn.shaw@noaa.gov>

Marine Resources Mgmt Specialist in the Habitat and Ecosystem Services Division Gloucester, performs Essential Fish Habitat consultations in the Gulf of Maine."

YOU TUBE "Coastal Matters" interviews Kaitlyn Shaw 8/7/17 She was then water resource specialist Town of Nantucket

Kaitlyn Shaw's research interests: (LinkedIn )

* coastal nutrient enrichment,

* eutrophication,

* phytoplankton metabolism,

* hypoxia,

* seagrass restoration,

* shellfish & fish habitat protection.

"Shaw holds a Masters degree in Coastal Systems Science. Shaw employs the systems approach to ecosystem management and believes that multidisciplinary approaches are crucial to addressing the issues facing riverine, coastal, and marine waterways."

"Her graduate research focused on nutrient related coastal system processes, specifically eutrophication and opportunistic macroalgae habitats."

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* US Fish and Wildlife Service

Patrick Dockens USFWS Cell 207 460 2566

<patrick_dockens@fws.gov>

Maine Ecological Services Field Office. Ecological Services

306 Hatchery Rd East Orland, ME 04431 (207) 902-1586

Endangered Species Biologist - Transportation Liason

Maine Ecological Services Field Office. Ecological Services

306 Hatchery Road East Orland, ME 04431

He works with the Federal Highway Administration FHWA and its

FHWA Environmental Tool kit

From his USFWS Profile: "Patrick Dockens is an endangered species biologist and transportation liaison for the Maine Field Office. He works closely with the MDOT, Federal Highway Administration and Army Corps of Engineers to promote conservation and ensure compliance with the Endangered Species Act, the Migratory Bird Treaty Act, and the Bald and Golden Eagle Protection Act among others; primarily for transportation related projects.

Areas of expertise Transportation projects, ESA consultations"

Species expertise Atlantic Salmon (Salmo salar )

(Dockens complements Wende Mahaney, USFWS's longtime Maine staffer)

Pat Dockens mentions

FHWA | Environmental Review Toolkit | Eco-Logical | Eco-Logical Webinar Series

https://www.environment.fhwa.dot.gov/env_initiatives/eco-logical/webinars/webinar_05092017.aspxAdministration - Maine Division Patrick Dockens, U.S. Fish and Wildlife Service Eric...207-215-7356 Eric.Ham@maine.gov Patrick Dockens USFWS Maine ...