123Rd Legislature: Documents by Title (In LD Sequence, with Non-LD House and Senate Papers at End)
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United States District Court District of Maine Penobscot
Case 1:12-cv-00254-GZS Document 161 Filed 12/16/15 Page 1 of 64 PageID #: <pageID> UNITED STATES DISTRICT COURT DISTRICT OF MAINE PENOBSCOT NATION et al., ) ) Plaintiffs, ) ) v. ) Docket no. 1:12-cv-254-GZS ) JANET T. MILLS, Attorney General for ) the State of Maine, et al., ) ) ) Defendants. ) ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Before the Court are three motions for summary judgment: (1) the State Defendants’ Motion for Summary Judgment, or in the Alternative, for Dismissal for Failure to Join Indispensable Parties (ECF No. 117), (2) the United States’ Motion for Summary Judgment (ECF No. 120) and (3) the Motion for Summary Judgment by Plaintiff Penobscot Nation (ECF No. 121/128-1). As explained herein,1 the Court GRANTS IN PART AND DENIES IN PART each Motion. I. LEGAL STANDARD Generally, a party is entitled to summary judgment if, on the record before the Court, it appears “that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c)(2). “[T]he mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for 1 The Court notes that it is has additionally received and reviewed the Brief in Support of Plaintiffs’ Motions for Summary Judgment (ECF No. 131-1) submitted by five members of the Congressional Native American Caucus acting as Amici Curiae. Case 1:12-cv-00254-GZS Document 161 Filed 12/16/15 Page 2 of 64 PageID #: <pageID> summary judgment; the requirement is that there be no genuine issue of material fact.” Anderson v. -
Maine Law Magazine Law School Publications
University of Maine School of Law University of Maine School of Law Digital Commons Maine Law Magazine Law School Publications Summer 2011 Maine Law Magazine - Issue No. 87 University of Maine School of Law Follow this and additional works at: https://digitalcommons.mainelaw.maine.edu/maine-law-magazine Part of the Law Commons This Book is brought to you for free and open access by the Law School Publications at University of Maine School of Law Digital Commons. It has been accepted for inclusion in Maine Law Magazine by an authorized administrator of University of Maine School of Law Digital Commons. For more information, please contact [email protected]. Maine Law Magazine Spotlight on ENVIRONMENTAL Professors Dave owen LAW and sarah schindler inside Race and Law International Reach Judge Frank Coffin the University of Maine school of law sUMMER 2011 FROM THE DEAN A center of excellence and a force for justice Dear Friends, preparing our students for a wider range of careers in multiple arenas and expanding our institutional role in informing public policy, con- dward S. Godfrey, founding dean of the modern University of tributing to economic development and promoting justice. Maine School of Law, predicted in 1965, “The future of the Eschool looks bright . [I]t should become a powerful force Faculty excellence and impact for good in the life of the state.” He wrote further that the school was The cover story for this issue of Maine Law Magazine reflects this designed not just to provide a sound legal education, “. but also to vibrant vision of today’s University of Maine School of Law. -
Maine Law Magazine Law School Publications
University of Maine School of Law University of Maine School of Law Digital Commons Maine Law Magazine Law School Publications Fall 2012 Maine Law Magazine - Issue No. 88 University of Maine School of Law Follow this and additional works at: https://digitalcommons.mainelaw.maine.edu/maine-law-magazine Part of the Law Commons This Book is brought to you for free and open access by the Law School Publications at University of Maine School of Law Digital Commons. It has been accepted for inclusion in Maine Law Magazine by an authorized administrator of University of Maine School of Law Digital Commons. For more information, please contact [email protected]. Maine Law Magazine Spotlight on INFORMATION PRIVACY Trevor Hughes, Maine Law ’95 Inside Justice for Women Lecture New LL.M. program Human Rights Clinic THE UNIVERSITY OF MAINE SCHOOL OF LAW FALL 2012 OPENING ARGUMENTS The Honorable Daniel E. Wathen (Maine Law ’65) served as Chief The Honorable Daniel E. Wathen Justice of the Maine Supreme Judicial Court from 1992 to 2001. He now is of counsel at the law firm Pierce Atwood, where he has developed an extensive media- tion and arbitration practice in Maine, Puerto Rico, and throughout the United States. Among his many activities as a civic leader, Justice Wathen is Board Chair for the Maine Turnpike Authority, former Board Chair for the Maine Community College System, former Chair of the National Judicial College, and a member of the Board of Visitors of the University of Maine School of Detail from a painting by Christopher Cart Law. He is originally from Aroostook Q: What is the best job you ever had? County and earned his law degree A: With the exception of picking potatoes and shoveling manure, I’ve enjoyed all of them. -
State Intervenors Brief
Case: 16-1482 Document: 00117089169 Page: 1 Date Filed: 12/07/2016 Entry ID: 6052905 UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Nos. 16-1424; 16-1435; 16-1474; 16-1482 PENOBSCOT NATION; UNITED STATES, on its own behalf, and for the benefit of the Penobscot Nation, Plaintiffs, Appellants/Cross-Appellees, v. JANET T. MILLS, Attorney General for the State of Maine; CHANDLER WOODCOCK, Commissioner for the Maine Department of Inland Fisheries and Wildlife; JOEL T. WILKINSON, Colonel for the Maine Warden Service; STATE OF MAINE; TOWN OF HOWLAND; TRUE TEXTILES, INC.; GUILFORD-SANGERVILLE SANITARY DISTRICT; CITY OF BREWER; TOWN OF MILLINOCKET; KRUGER ENERGY (USA) INC.; VEAZIE SEWER DISTRICT; TOWN OF MATTAWAMKEAG; COVANTA MAINE LLC; LINCOLN SANITARY DISTRICT; TOWN OF EAST MILLINOCKET; TOWN OF LINCOLN; VERSO PAPER CORPORATION, Defendants, Appellees/Cross-Appellants, EXPERA OLD TOWN; TOWN OF BUCKSPORT; LINCOLN PAPER AND TISSUE LLC; GREAT NORTHERN PAPER COMPANY LLC, Defendants, Appellees, TOWN OF ORONO, Defendant. On Appeal from the United States District Court for the District of Maine PRELIMINARY PRINCIPAL BRIEF OF STATE INTERVENORS Catherine R. Connors, Bar No. 7451 Matthew D. Manahan, Bar No. 74501 PIERCE ATWOOD LLP Merrill’s Wharf 254 Commercial Street Portland, ME 04101 207-791-1100 Attorneys for State Intervenors {W5884050.2} Case: 16-1482 Document: 00117089169 Page: 2 Date Filed: 12/07/2016 Entry ID: 6052905 CORPORATE DISCLOSURE STATEMENT Pursuant to Federal Rule of Appellate Procedure 26.1, State Intervenors (counterclaim plaintiffs and intervenors supporting the defendants below), Appellees in Docket Nos. 16-1424, 16-1435, and 16-1474 and Appellants in Docket No. -
From Our 2020 Co-Chairs I Am Honored to Serve As One of This Year’S Co-Chairs for the Campaign for Justice
2019 CAMPAIGN FOR JUSTICE DEFENDERS OF JUSTICE FOR ALL From Our 2020 Co-Chairs I am honored to serve as one of this year’s Co-Chairs for the Campaign for Justice. Over the years, I have learned about the work of our Maine legal aid providers, not only through my service as a past trustee and president of the Maine Justice Foundation, but also as a volunteer for the Volunteer Lawyers’ Project. I have also made countless referrals to Pine Tree Legal Assistance and Legal Services for the Elderly through my own work. I have seen firsthand the important work these organizations do in my patch of the state, Downeast Maine. The providers’ work is not only a path to justice but, in some cases, a matter of life and death. This pandemic has only made the need for civil legal services that much more critical, not only for clients, but also for Maine’s court system. As I write, Maine’s family courts have all but shut down. What will happen when they reopen? The opportunity for a fair resolution only exists when all parties, whatever their economic circumstances, are able to obtain sound legal information and advice. A system which works for only some of us, works for none of us. As I write, I sit, isolated, in my Blue Hill office. I am fortunate that law is considered an essential service. I can work. I have a computer, reliable internet connection, and a telephone. When I go home it is to a warm house where I have plenty to eat and plenty to do. -
2007 Archive of Governor Baldacci's Press Releases
Maine State Library Digital Maine Governor's Documents Governor 2007 2007 Archive of Governor Baldacci’s Press Releases Office of veGo rnor John E. Baldacci Follow this and additional works at: https://digitalmaine.com/ogvn_docs Recommended Citation Office of Governor John E. Baldacci, "2007 Archive of Governor Baldacci’s Press Releases" (2007). Governor's Documents. 14. https://digitalmaine.com/ogvn_docs/14 This Text is brought to you for free and open access by the Governor at Digital Maine. It has been accepted for inclusion in Governor's Documents by an authorized administrator of Digital Maine. For more information, please contact [email protected]. 2007 Archive of Governor Baldacci’s Press Releases Compiled by the Maine State Library for the StateDocs Digital Archive with the goal of preserving public access and ensuring transparency in government. 2007 Archive of Governor Baldacci’s Press Releases Table of Contents Governor Baldacci, State Leaders Remember Gerald Ford ........................................................................ 14 Governor Baldacci Unveils Budget .............................................................................................................. 15 Governor Baldacci Supports Girl Scout Cookie Sale ................................................................................... 16 Governor Baldacci Receives Straight-A Report Card from American Lung Association ............................. 17 Governor Baldacci Presents Outstanding Tree Farmer of the Year Award ............................................... -
JOURNAL and LEGISLATIVE RECORD - HOUSE, January 28, 2020
JOURNAL AND LEGISLATIVE RECORD - HOUSE, January 28, 2020 ONE HUNDRED TWENTY-NINTH LEGISLATURE this opportunity to recognize the 75th anniversary of the SECOND REGULAR SESSION liberation of the Auschwitz concentration camp and the working 6th Legislative Day definition of antisemitism. Tuesday, January 28, 2020 Came from the Senate, READ and ADOPTED. READ Representative MOONEN of Portland assumed the Chair. The SPEAKER PRO TEM: The Chair recognizes the The House met according to adjournment and was called Representative from Winter Harbor, Representative to order by the Speaker Pro Tem. Faulkingham. Prayer by Pastor Madelyn Hennessey, First Parish Representative FAULKINGHAM: Thank you, Mr. Congregational United Church of Christ, Freeport. Speaker. Yesterday was Holocaust Remembrance Day. National Anthem by Gray-New Gloucester High School Seventy-five years ago yesterday, January 27, 1945, Band, Gray. Auschwitz Concentration Camp was liberated. 1.3 million Pledge of Allegiance. people were sent to this camp. At least 1.1 million of them Doctor of the day, Sydney Sewall, M.D., Hallowell. died, 90% were Jews. _________________________________ Yesterday there was a ceremony at the site of the concentration camp. A couple hundred survivors made the trip At this point, a message came from the Senate borne by back there. Ron Lauder, President of the World Jewish Senator Libby, of Androscoggin, of that Body, proposing a Congress, brought the crowd to tears with the story of a Joint Convention of both branches of the Legislature to be held survivor who was separated from his family. The man watched in the Hall of the House at 10:45 in the morning for the purpose his young daughter in a red coat walking to her death, turn into of extending to the Honorable Leigh I. -
Maine Law Magazine Law School Publications
University of Maine School of Law University of Maine School of Law Digital Commons Maine Law Magazine Law School Publications Fall 2013 Maine Law Magazine - Issue No. 89 University of Maine School of Law Follow this and additional works at: https://digitalcommons.mainelaw.maine.edu/maine-law-magazine Part of the Law Commons This Book is brought to you for free and open access by the Law School Publications at University of Maine School of Law Digital Commons. It has been accepted for inclusion in Maine Law Magazine by an authorized administrator of University of Maine School of Law Digital Commons. For more information, please contact [email protected]. MaineInside Law Magazine Alumni thriving in business Fond farewell to Prof. Tom Ward Student Spotlight: Real clients, Real impact THE UNIVERSITY OF MAINE SCHOOL OF LAW / FALL 2013 OPENING ARGUMENTS Annmarie Levins Associate General Counsel at Microsoft Corp. You are a 1983 graduate of the University of Maine School of Law. What impact did Maine Law have in your life and career? Maine Law prepared me well to practice law in very different roles, from clerking to being a prosecutor to being an in-house lawyer. The faculty taught us to be rigorous and practical, and to keep our eyes on the big picture. How did you find your way to becoming Associate General Counsel at Microsoft? After teaching at the University of Washington for a few semesters, I really missed the excitement of practicing law. I had been a federal prosecutor in New York, and decided to go back to that work in the U.S. -
MEMA-MAG-Spring-2021-Digital.Pdf
Advocacy, Leadership & Education for Maine’s Energy Marketers FUEL www.maineenergymarketers.com YOUR LOVE 1 MEMA MAG | Spring 2021 Page 13 CavagnaIntroducing The global leader in regulators As the exclusive master distributor in the Northeast, F.W. Webb offers fuel dealers and contractors the complete range of Cavagna products, including their popular Kosan regulator. REGULATORS LPG TANK VALVES NATURAL GAS METERING EQUIPMENT Features & Benefits: • Durable powder coating • Composite orifice seat that • Stainless steel screws prevent resists frost, with a rib to break rusting up potential ice crystals • Safety locking tab notifies • Better protection against of tampering freeze-ups • Solid diaphragm for increased • Developed with continuous tensile strength research and innovation • Compact twins with 40% more • 25 year life expectancy BTU capacity than competitors • 10 year warranty We have 12 convenient Distributed by: wholesale locations in Maine! Visit fwwebb.com/locations to find the nearest to you. 2 MEMA MAG | Spring 2021 Cavagna_MEMA_Ad 8.75x11.25.indd 1 1/25/21 10:50 AM Contents spring 2021 • volume 4 issue 1 8 12 MEMA Member Info 6 Meet our New Members MEMA’s membership continues to grow 7 From the Desk of Charlie Forging Maine’s energy future forward 8 130th Maine Legislature Session 13 12 Reviving Maine Energy Facts Educating Mainers on heating choices 13 Fuel Your LOVE Small acts of kindness fuel good 18 The Next Generation for MTEC 20 New educational video series launches 19 Tech Tips by the Granite Group Propane regulator tips 20 Biodiesel 101 Getting your questions answered 22 Q&A with Mike Estes 22 What the path to Net ZERO looks like MEMA MAG is a quarterly magazine designed to engage and communicate 24 Coping at the WHoworkplace can I add biodieselwith to members my withoperation? useful, timely, and member related content. -
New Dimensions for Justice : Report of the Commission to Study the Future
MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) All are architects of fate Working in these walls of time Some with massive deeds and Great Some with ornaments of rhyme Nothing useless is or low each thing in its place is best And what seems but idle show Strengthens and supports the rest For the structure that we raise time is with materials filled Our todays and yesterdays Are the blocks with which we build . .. Henry Wadsworth Longfellow "Tile Builders" The sculpture shown here can be seen in its entirety at the West Bath District Courthouse, West Bath, Maine. Created by Jeanne Bruce of Temple, Maine, the piece presents humanity in its many faces, occupations, family structures, hopes, disappointments. Images of the piece appear throughout this report as pictorial representation~ of this report's theme, New Dimensions for Justice. So, too, we present images of the past, many from the Cleaves Law Library archives as we recognize What's Past is Prologue. NEW DIMENSIONS for JUSTICE Report of the Commission to Study the Future of Maine's Courts This project was primarily financed by the State Justice Institute, the Libra Foundation, and the National Institute for Dispute Resolution. Points of view expressed herein are those of the Commission and do not necessarily represent the official position or policies of the funding agencies. -
Nos. 2016-1424, 2016-1435, 2016-1474, 2016-1482 in the UNITED STATES COURT of APPEALS for the FIRST CIRCUIT
Case: 16-1474 Document: 00117612247 Page: 1 Date Filed: 07/08/2020 Entry ID: 6351268 Nos. 2016-1424, 2016-1435, 2016-1474, 2016-1482 IN THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT PENOBSCOT NATION; UNITED STATES, on its own behalf, and for the benefit of the Penobscot Nation, Plaintiffs-Appellants/Cross-Appellees, v. AARON M. FREY, Attorney General for the State of Maine; JUDY A. CAMUSO, Commissioner for the Maine Department of Inland Fisheries and Wildlife; JOEL T. WILKINSON, Colonel for the Maine Warden Service; STATE OF MAINE; TOWN OF HOWLAND; TRUE TEXTILES, INC.; GUILFORD-SANGERVILLE SANITARY DISTRICT; CITY OF BREWER; TOWN OF MILLINOCKET; KRUGER ENERGY (USA) INC.; VEAZIE SEWER DISTRICT; TOWN OF MATTAWAMKEAG; COVANTA MAINE LLC; LINCOLN SANITARY DISTRICT; TOWN OF EAST MILLINOCKET; TOWN OF LINCOLN; VERSO PAPER CORPORATION, Defendants-Appellees/Cross-Appellants, EXPERA OLD TOWN; TOWN OF BUCKSPORT; LINCOLN PAPER AND TISSUE LLC; GREAT NORTHERN PAPER COMPANY LLC, Defendants-Appellees. TOWN OF ORONO, Defendant. Appeal from the United States District Court for the District of Maine SUPPLEMENTAL BRIEF OF PENOBSCOT NATION Kaighn Smith, Jr. Pratik A. Shah David M. Kallin Lide E. Paterno Drummond Woodsum Akin Gump Strauss Hauer & Feld LLP 84 Marginal Way, Suite 600 2001 K Street, NW Portland, ME 04101-2480 Washington, DC 20006-1037 Phone: (207) 772-1941 Phone: (202) 887-4000 Fax: (207) 772-3627 Fax: (202) 887-4288 [email protected] [email protected] Counsel for Penobscot Nation Case: 16-1474 Document: 00117612247 Page: 2 Date Filed: 07/08/2020 Entry ID: 6351268 TABLE OF CONTENTS STATEMENT OF ISSUES .................................................................................... -
Annual Philanthropy Report 2009-2010
University of Maine School of Law annual Philanthropy report 2009-2010 Alumni University of Maine School of Law Foundation Honors Board of Directors Three esteemed Maine Law alumni received well- Officers Peter J. DeTroy III ’72 Pasquale F. Maiorino ’73 Partner, Norman Hanson Of Counsel, Trafton deserved honors from their David J. Evans ’78’ & DeTroy & Matzen alma mater this year. The Law President Portland, ME Auburn, ME School faculty selected David Partner, Clifford Chance Washington, DC Ben Devine, ‘87 Craig H. Nelson ’69 Evans, (’78), partner at the Great Island Development Senior Partner, Doyle law firm Clifford Chance and Jean M. Deighan ’76 Group & Nelson President of the University of Vice-President President, Deighan Associates Boston, MA Augusta, ME Maine School of Law Foun- Bangor, ME Hon. Caroline D. glassman kenneth S. Spirer dation, as recipient of the L. Michael R. Currie ’80 Retired Associate Justice, Retired, Portland, ME Kinvin Wroth Distinguished Treasurer Maine Supreme Judicial Court Paula D. Silsby ’76 Alumnus Award. Managing Director, Portland, ME Retired, Portland, ME The Maine Law Alumni HM Payson & Co. John W. gulliver Ira J. Waldman ’76 Association presented Portland, ME Partner, Pierce Atwood Partner, Cox, Castle Rosalyne Bernstein (’86), Peter C. Mckenney ’77 Portland, ME & Nicholson philanthropist and community Secretary Steven a. Hammond ’77 Los Angeles, CA leader, with its Distinguished Retired, Partner, Hughes Hubbard Ex Officio Service Award. Cumberland Center, ME & Reed Peter Pitegoff The Women’s Law As- New York, NY Directors Dean, University of Maine sociation of the University of Eleanor M. Baker ’78 David B. Hawkes ’69 School of Law Maine School of Law pre- Owner and Consultant, Principal, Baker Newman Elena Brandt sented its 2010 Outstanding Triplehawk, Inc.