CLF Files Appeals in Champlin’s Marina Case: Appeals filed in both RI Supreme and Superior Courts

CONTACT: Jerry Elmer, Staff Attorney (401) 351-1102; JElmer@CLF.org

PROVIDENCE, RHODE ISLAND (APRIL 17, 2009) Conservation Law Foundation (CLF) today filed appeals in the long-running Champlin’s Marina case in both the Rhode Island Supreme Court and the Rhode Island Superior Court. CLF, New England’s pre-eminent environmental advocacy organization, has been a leading opponent of Champlin’s proposal to expand its marina hundreds of feet into Block Island’s Great Salt Pond. CLF is being joined in the appeals filed today by other Objectors, including the Committee for the Great Salt Pond and the Town of New Shoreham.

Two new chapters in the Champlin’s saga are being opened today, one in Superior Court and one in the Supreme Court,” said Jerry Elmer, CLF Staff Attorney. “By filing these cases, we mean to protect the Great Salt Pond for our children and our grandchildren.”

On February 24, 2009, after an unprecedented two-year hearing, Superior Court Justice Netti C. Vogel issued a 91-page opinion granting a CRMC permit to Champlin’s to expand 195 feet into the Great Salt Pond. Each of the two lawsuits filed today by CLF raises a different issue stemming from Judge Vogel’s ruling.

The suit filed in the Rhode Island Supreme Court is the direct appeal of Judge Vogel’s ruling. That case alleges that Judge Vogel’s decision to issue the Champlin’s permit herself — instead of sending the case back to the CRMC to issue the permit –violates the Objectors’ Constitutional rights of due process by denying the Objectors a right to the Superior Court appeal they would automatically have if the permit had been granted by the CRMC instead of by the court.

The Superior Court case treats Judge Vogel’s opinion as if the Coastal Resources Management Council (CRMC) had issued the Champlin’s permit and appeals the CRMC permit to the Superior Court under Rhode Island’s Administrative Procedures Act (APA).

On February 28, 2006, the CRMC voted to deny Champlin’s application to expand. On March 23, 2006, Champlin’s filed its own APA appeal in the Superior Court, alleging that the CRMC had followed improper procedures. During the long hearing that ensued, it was mainly Champlin’s objections to CRMC procedures that were heard by the Court, not the Objectors’ reasons why Champlin’s should not be allowed to expand. The newly filed Superior Court case will be the first opportunity to for the Objectors’ concerns to be heard.

If we did not file this second appeal in the Superior Court, there would be no opportunity for our environmental objections to the marina expansion to be heard in court,” explained Mr. Elmer. “Champlin’s has its day in the Superior Court. Now it is time for the Objectors to have their day in the Superior Court.”

ADDITIONAL INFORMATION

CLF’s Supreme Court Petition for Certiorari, filed April 17, 2009, as well as other important case documents may be found on the CLF website here.

The Conservation Law Foundation (www.clf.org) works to solve the most significant environmental challenges facing New England . CLF’s advocates use law, economics and science to create innovate strategies to conserve natural resources, protect public health and promote vital communities in our region. Founded, in 1966, CLF is a nonprofit, member-supported organization with offices in Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.