The firm’s appellate practice extends not just to appeals from lower courts to appellate courts, but the specialized area of judicial appeals from regulatory decisions issued by federal, state and local administrative bodies. We have argued hundreds of such appeals, drafting the chapter on state administrative appeals in A Practical Guide to Superior Court Practice in Maine (MCLE). Representative regulatory appeals include:
- Black v. Bureau of Parks and Lands, 2022 ME 58 (representing developer in appeal of a public lands lease relating to the construction of utility corridor)
- Sierra Club v. U.S. Army Corps of Engineers, 997 F.3d 395 (1st Cir. 2021) (representing utility company defending against challenge to a permit issued under the Clean Water Act)
- NextEra Energy Res., LLC v. Maine Public Utilities Comm’n, 2020 ME 34 (representing utility company defending against challenge to certificate of public convenience and necessity issued by PUC)
- Conservation Law Foundation v. Public Utilities Commission, 2017 ME 109 (representing gas utility in affirmance of PUC decision)
- Fox Islands Wind Neighbors v. Department of Environmental Protection, 2015 ME 53 (representing wind generator permittee defending against challenge to condition compliance order)
- Navy Yard Four Associates, LLC v. Department of Environmental Protection, 88 Mass. App. Ct. 213 (2015) (representing owner of luxury apartment building in challenge to validity of state waterways regulations)
- Watts v. Board of Environmental Protection, 2014 ME 91 (representing hydroelectric facility permittee defending against challenge to water quality certification under the Clean Water Act and state law)
- Black Oak Energy, LLC v. Federal Energy Regulatory Commission, 725 F.3d 230 (D.C. Cir. 2013) (representing virtual traders in challenging FERC recoupment orders)
- Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, 128 S.Ct. 2733 (2008) (representing California Electricity Oversight Board in challenge to decision of the Federal Energy Regulatory Commission)
- Maine v. Johnson, 498 F.3d 37 (1st Cir. 2007) (representing coalition challenging EPA Clean Water Act decision)