§346. Judicial appeals
1. Appeal to Superior Court. Except as provided in subsection 4 and section 347‑A, subsection 3 or 4, any person aggrieved by any order or decision of the board or commissioner may appeal to the Superior Court. These appeals to the Superior Court must be taken in accordance with Title 5, chapter 375, subchapter 7.
[PL 2009, c. 642, Pt. B, §3 (AMD).]
2.
[PL 1977, c. 694, §759 (RP).]
2-A. Appeal. Any party to the appeal in the Superior Court under this section may obtain review by appeal to the Supreme Judicial Court sitting as the law court. The appeal shall be taken as in other civil cases.
[PL 1977, c. 696, §342 (NEW).]
3. Limitation.
[PL 2001, c. 232, §4 (RP).]
4. Appeal of decision. A judicial appeal of final action by the board or commissioner regarding an application for an expedited wind energy development, as defined in Title 35‑A, section 3451, subsection 4, or a general permit pursuant to section 480‑HH or section 636‑A must be taken to the Supreme Judicial Court sitting as the Law Court. The Law Court has exclusive jurisdiction over request for judicial review of final action by the commissioner or the board regarding expedited wind energy developments or a general permit pursuant to section 480‑HH or section 636‑A. These appeals to the Law Court must be taken in the manner provided in Title 5, chapter 375, subchapter 7 and the Maine Rules of Civil Procedure, Rule 80C.
[PL 2011, c. 420, Pt. A, §34 (RPR).]
SECTION HISTORY
PL 1977, c. 300, §9 (NEW). PL 1977, c. 694, §§758,759 (AMD). PL 1977, c. 696, §342 (AMD). PL 1989, c. 890, §§A40,B4 (AMD). PL 2001, c. 232, §4 (AMD). PL 2007, c. 661, Pt. B, §§7, 8 (AMD). PL 2009, c. 615, Pt. E, §5 (AMD). PL 2009, c. 642, Pt. B, §§3, 4 (AMD). PL 2011, c. 420, Pt. A, §34 (AMD).
Structure Maine Revised Statutes
TITLE 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS
38 §341. Department (REPEALED)
38 §341-A. Department of Environmental Protection
38 §341-D. Board responsibilities and duties
38 §341-G. Board of Environmental Protection Fund
38 §341-H. Departmental rulemaking
38 §342-A. Operations (REPEALED)
38 §342-B. Liability of fiduciaries and lenders
38 §343. Regulations (REPEALED)
38 §343-B. Preapplication and presubmission meetings
38 §343-C. Technical and Environmental Assistance Program
38 §343-D. Pollution Prevention and Small Business Assistance Advisory Panel (REPEALED)
38 §343-E. Voluntary response action program
38 §343-F. Reporting and disclosure requirements
38 §343-G. Environmental management systems (REPEALED)
38 §343-H. Clean Government Initiative
38 §343-I. Smart Tracks for Exceptional Performers and Upward Performers Program
38 §344. Processing of applications
38 §344-A. Outside review of applications
38 §344-B. Timetables for processing permit applications
38 §347. Violations (REPEALED)
38 §347-B. Modification, revocation or suspension of license (REPEALED)
38 §347-C. Right of inspection and entry