Justia Maine Supreme Court Opinion Summaries

The Supreme Judicial Court vacated in part the judgment of the superior court affirming in part the Department of Environmental Protection’s partial denial of Appellants’ Freedom of Access Act (FOAA) request for public records related to Dubois Livestock, Inc. While the Department provided a substantial set of records to Appellants, it denied access to records that would be privileged against discovery or use as evidence in the course of a court proceeding. The Supreme Judicial Court (1) affirmed the superior court’s judgment as to the records that were withheld pursuant to the work product privilege; but (2) vacated the superior court’s judgment as to the records that were withheld based on the informant identity privilege, holding that there were factual disputes regarding findings necessary to a determination that there was “just and proper cause” for the Department’s withholding of records containing the identities of complainants. View "Dubois v. Department of Environmental Protection" on Justia Law

The Supreme Judicial Court affirmed the judgment of the superior court granting the Department of Environmental Protection’s request for a permanent injunction prohibiting Dubois Livestock, Inc. and the Randrick Trust (collectively, Appellants) from denying the Department access for solid waste inspections. The court held (1) the superior court did not err in concluding that Me. Rev. Stat. 38, 347-C and 1304(4-A) permit the Department to enter Appellants’ property without consent or an administrative search warrant; and (2) the warrantless searches authorized by these statutes do not violate Appellants’ constitutional right to be free from unreasonable searches and seizures. View "State v. Dubois Livestock, Inc." on Justia Law

Defendant Robert St. Onge, president and member of Winterwood, operated a composting facility at his farm that accepted solid waste and converted it into compost for sale. The Department of Environmental Protection filed a land use complaint against Winterwood related to the discharge of pollutants from its composting operation into a nearby brook. The court entered a contempt order that required Winterwood to cease the discharge of pollutants into state waters. On the Department's motion to enforce the contempt order, the court ordered that Winterwood was immediately prohibited from receiving any other composting material. Later, four different waste companies delivered waste to Winterwood for composting. The state filed a criminal complaint and summons, charging St. Onge as principal of Winterwood with contempt. In superior court, St. Onge signed a jury trial waiver. The court adjudicated St. Onge to be in contempt as a Class D crime and sentenced him to six months in jail. St. Onge appealed. The Supreme Court affirmed all aspects of the judgment with the exception of the Class D modification. Because an adjudication of contempt with punitive sanctions is not a Class D crime, the judgment was modified accordingly. View "State v. St. Onge" on Justia Law