Juliet Browne

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Yesterday, the Department of Administrative and Financial Services Office of Marijuana Policy released a preliminary draft of the Adult Use Marijuana Rules. The preliminary draft includes comprehensive provisions on business licenses for marijuana establishments, which include cultivation, testing, and products manufacturing facilities, and marijuana stores. In addition to licensing provisions, the draft addresses general compliance, advertising, product safety, packaging and labeling, and enforcement. The Office of Marijuana Policy has requested that public feedback on…
The Maine DEP is proposing changes to its wetlands rules that clarify the definition of wetlands of special significance. Wetlands of special significance (WOSS) include coastal wetlands and great ponds, as well as other freshwater wetlands with certain qualifying attributes such as size, the presence of critical or imperiled plant communities, or location within significant wildlife habitat or a peatland. Activities within a WOSS are allowed only for limited purposes including health and safety, crossings…
The Maine DEP is proposing changes to its wetlands rules that clarify the definition of wetlands of special significance. Wetlands of special significance (WOSS) include coastal wetlands and great ponds, as well as other freshwater wetlands with certain qualifying attributes such as size, the presence of critical or imperiled plant communities, or location within significant wildlife habitat or a peatland. Activities within a WOSS are allowed only for limited purposes including health and safety, crossings…
The Maine Department of Environmental Protection (DEP) has proposed changes to Chapters 850 (identification of hazardous wastes), 851 (standards for generators of hazardous waste), 852 (land disposal restrictions) and 858 (universal waste rules). The proposed changes, which were posted for public comment on February 21, incorporate new and revised federal regulations, update formatting of the rules, and reflect changes in Maine’s hazardous waste laws. The changes include additional exclusions of material from the definition of…
The Maine Department of Environmental Protection (DEP) has proposed changes to Chapters 850 (identification of hazardous wastes), 851 (standards for generators of hazardous waste), 852 (land disposal restrictions) and 858 (universal waste rules). The proposed changes, which were posted for public comment on February 21, incorporate new and revised federal regulations, update formatting of the rules, and reflect changes in Maine’s hazardous waste laws. The changes include additional exclusions of material from the definition of…
After more than a year of pre-rulemaking process including the issuance of two drafts, the Maine DEP has commenced formal rulemaking and today issued draft rules for wind energy developments in Maine. The formal draft largely tracks the most recent pre-rulemaking version issued in January 2017. The draft rules include standards for evaluating scenic impacts, limits on shadow flicker, provisions related to public safety, and requirements for demonstrating significant tangible benefits.  In many respects, the…
The Department of Environmental Protection (DEP) Chapter 450 and Land Use Regulation Commission (LUPC) Chapter 11 regulations for hydropower projects have been updated. The new rules eliminate an inconsistency that existed between the license transfer provisions for hydropower and other environmental permits. Specifically, the revised rules apply the same standards and procedures to hydropower projects, including the definition of what constitutes a change in ownership that triggers the requirement to transfer a permit, that…
U.S. Fish and Wildlife Service (the “Service”) recently proposed revisions to its Mitigation Policy, which has been in place since 1981. March 8, 2016 Fed. Reg. 12380. The Mitigation Policy serves as “over-arching Service guidance applicable to all actions for which the Service has specific authority to recommend or require the mitigation of impacts to fish, wildlife, plants, and their habitat.” This includes development activities with a federal nexus (such as a project requiring…