38 §346. Judicial appeals
Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS
§346. Judicial appeals
(CONFLICT)
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.
[ 2009, c. 642, Pt. B, §3 (AMD) .]
2.
[ 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.
[ 1977, c. 696, §342 (NEW) .]
3. Limitation.
[ 2001, c. 232, §4 (RP) .]
4. (CONFLICT: Text as amended by PL 2009, c. 615, Pt. E, §5) Appeal of decision. A person aggrieved by an order or decision of 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 may appeal to the Supreme Judicial Court sitting as the law court. These appeals to the law court must be taken in the manner provided in Title 5, chapter 375, subchapter 7.
[ 2009, c. 615, Pt. E, §5 (AMD) .]
4. (CONFLICT: Text as amended by PL 2009, c. 642, Pt. B, §4) Appeal of decision regarding an expedited wind energy development. 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, 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. 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.
[ 2009, c. 642, Pt. B, §4 (AMD) .]
SECTION HISTORY
1977, c. 300, §9 (NEW). 1977, c. 694, §§758,759 (AMD). 1977, c. 696, §342 (AMD). 1989, c. 890, §§A40,B4 (AMD). 2001, c. 232, §4 (AMD). 2007, c. 661, Pt. B, §§7, 8 (AMD). 2009, c. 615, Pt. E, §5 (AMD). 2009, c. 642, Pt. B, §§3, 4 (AMD).