An Act to Clarify Board of Environmental Protection Procedures Regarding Appeals of Licensing or Permitting Decisions of the Commissioner of Environmental Protection

New rules for Maine environmental appeals

People challenging a final Maine environmental license or permit decision must appeal within 30 days. Appeals must identify the unmet rule or standard, include proposed extra evidence, and provide information required by board rules. Board staff must notify the appellant, permit holder, people who submitted written comments, and others who requested notice. Permit holders who did not appeal and commenters identified by the commissioner have 30 days after notice to submit extra evidence. That evidence must address issues raised in the appeal; permit holders may also respond in writing. The board chair may accept relevant, material evidence only if the submitter tried diligently to present it earlier. Newly discovered evidence also qualifies if diligent efforts could not have found it earlier. The Board of Environmental Protection must accept department staff's additional evidence and analysis responding to appeal issues. The appeal record includes the commissioner's application record, department hearing records, accepted extra evidence, and evidence from any board hearing. The board independently reviews findings and legal conclusions and can uphold, change, reverse, or return decisions for further review. Permit holders must carry out required changes, which can include tearing down work and restoring the site. Failure to comply can lead to enforcement and civil penalties. Expedited wind projects and certain general permits receive record-based review, including allowed extra information, and may be returned to the department. The Public Utilities Commission chair or a designee may participate without voting, without limiting the commission's submissions to the department. Environmental insurance-claim decisions follow the same appeal process and 30-day deadline unless board rules say otherwise. These include decisions about coverage, covered costs, waivers, and deductibles. When the board overturns a claim decision, the department must pay the applicant's reasonable appeal costs, including attorney fees. Fees cover only work from the claim decision onward and come from the Maine Ground and Surface Waters Clean-up and Response Fund. Board decisions remain subject to court review.