On June 18, FOMB filed suit in federal court challenging the Maine Department of Environmental Protection’s (DEP) misuse of antidegradation policy under the Clean Water Act (CWA). Antidegradation policies were designed to improve water quality, lock in existing quality, and prevent backsliding of water quality. The lawsuit specifically addresses actions of the DEP in refusing to upgrade portions of the lower Androscoggin River and also targets the Board of Environmental Protection (BEP) who has ignored statute requiring them to recommend to the legislature reclassifications based on actual water quality. Finally, the suit charges the EPA with abusing their discretion by ignoring their mandate to supervise antidegradation policy implementation they have delegated to states. The June 18 complaint was brought under the Administrative Procedures Act (APA) and on June 27, FOMB submitted a companion 60-day Notice of Intent (NOI) to file a citizen suit under the Clean Water Act (CWA) against the EPA for their failure to act on these issues. On September 14 we filed an amended complaint with consent of all parties, combining the APA and CWA claims into one lawsuit. Read about the initial filing in our June 22 Press Release.
Friends Of Merrymeeting Bay
