May v. Must – The Scope of Agency Permitting Review under Statutory Standards
By EsqSocial Corporation 15/04/25
The Law Court recently issued a decision in Eastern Maine Conservation Initiative v. Board of Environmental Protection that contains an enlightening discussion of what an agency must consider—as opposed to what an agency may consider—in issuing a permit. In so doing, it adopted an important limit on how far agencies must go in reviewing a project’s downstream impacts....
By: Pierce Atwood LLP