Conservation Law Foundation Applauds Regulatory Restraint on LD1

Efforts to repeal procedural protection and dismantle the Board of Environmental Protection fail thanks to strong environmental watch-dogging

CONTACT:
Sean Mahoney, CLF: (207) 210-6439 or smahoney@clf.org
Karen Wood, CLF: (617) 850-1722 or kwood@clf.org

PORTLAND, ME  June 20, 2011—Conservation Law Foundation (CLF) and members of the Environmental Priorities Coalition (EPC) today jointly hailed the work by the 125th Legislature in exercising restraint in the wake of a record number of proposed bills that sought to weaken Maine’s environmental regulations.

The deregulation effort started with Governor LePage’s proposed rollbacks that were released in early January.   Over the course of the session, that proposal became LD1, “An Act to Ensure Regulatory Fairness and Reform” an umbrella bill that encompassed a wide variety of issues that would significantly harm Maine’s air, water, landscapes and public health.  With over 50 rollback bills in play, the EPC had a busy agenda protecting Maine’s environment but the organization drew on its many coalition partners to target areas of expertise for each bill.

“CLF was very concerned about the Governor’s proposal (LD1) to eliminate the BEP and replace its adjudicatory functions with a panel of three people to be appointed by the Governor without legislative approval.  That proposal would have gutted the unique role the BEP plays in being receptive to citizen input.  But even more than that was the initial failure to address legitimate concerns about the BEP, such as questions concerning the qualifications, accountability, costs, work load and jurisdiction.  With the hard work of the EPC and the Natural Resources Committee, the BEP now has a chance to be a panel that truly is reflective of the best interests of Mainers,”  said Sean Mahoney, vice president and director of CLF Maine.

Other legal procedural issues that CLF engaged on included defeating the misguided effort by Sen. Snowe-Mello (R) of Androscoggin to create a five-year statute of limitations on environmental violations (LD281).

“The bill would have put the State’s delegation of authority to implement and enforce federal statutes at risk, it would have provided incentives to regulated entities to conceal violations and it would almost certainly have lead to more enforcement actions, either by the state to preserve its rights, or by EPA and groups like CLF because the state is not diligently prosecuting violations,” Mahoney said. “Putting the breaks on ill-informed efforts like this actually saves the state a significant amount of money while still properly protecting our resources and holding polluters accountable.  Who doesn’t want accountability?”

While the statute of limitations bill failed, other troubling bills have been rolled over into the next session to be taken up by the legislature once again.  One such bill is the takings bill, LD1477.  A committee consisting of legislators and representatives from various interested groups was created to study property rights and report back to the Joint Standing Committee on Judiciary by December 7, 2011.  Concerns over the chilling effect that sweeping taking regulations could have will be considered, as will the potential cost of implementing a takings bill.

“If you are going to promise property owners that they will be compensated for not being able to develop every bit of their land to the fullest extent possible, who pays for that?  Maine taxpayers?” asked Jane West, Staff Attorney at CLF.  “Why should one citizen have to pay for the perceived ‘loss’ of his neighbor who is complaining that he can’t build a multi-level apartment complex on land that has been an apple orchard for the last hundred years?”

While the EPC was succesful in overcoming many hurdles, significant work remains in monitoring issues such as the takings bill, over the course of the year leading into next session.

Conservation Law Foundation (CLF) protects New England’s environment for the benefit of all people. Using the law, science and the market, CLF creates solutions that preserve natural resources, build healthy communities, and sustain a vibrant economy region-wide. Founded in 1966, CLF is a nonprofit, member-supported organization with offices in Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.