American Eel Advocacy Work via petitions to the BEP to modify Water Quality
Certificates at dams on the Kennebec and Androscoggin Rivers (2005-2007)
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Petition to the Maine Board of Environmental Protection re: Safe up- and downstream passage for
American eels and native anadromous fish species
(pdf; file size: 59 KB)
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Friends of Merrymeeting Bay, Petitioner (9/29/05)
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Petition before the Board of Environmental Protection for Modification of Maine Water
Quality Certificates at four Kennebec River Hydroelectric Dams (Weston, Shawmut, Hydro Kennebec,
Lockwood)
(pdf; file size: 208 KB)
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Douglas H. Watts, Petitioner (9/28/05)
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Letters from Dana Murch (Dams and Hydro Supervisor, Maine Bureau of Land & Water Quality) to BEP
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1) Draft of BEP order to dismiss Watts and FOMB Petitions re: Dams on the
Kennebec
and
Androscoggin Rivers (January, 2006)
2)
Letter from Maine Bureau of Land and Water Quality, requesting BEP dismisses Watts and FOMB Petitions
(1/19/06)
3)
Memo re: Androscoggin Dams Petition(2/2/06)
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Letters to the Maine BEP in Response to Dam Operator's Requests to Dismiss FOMB's Petition
to Modify Water Quality Certificates (pdfs)
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Law Offices of Bruce M. Merrill, on behalf of FOMB
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Letter regarding Kennebec & Androscoggin River Dams (1/15/06)
Letter regarding Androscoggin River Dams (1/25/06)
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Introduction to FOMB's presentation at preliminary BEP hearings re:
Kennebec dams (1/19/06)
and
Androscoggin dams (2/2/06)
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Second Petition to the Maine Board of Environmental Protection for Modification of Water Quality
Certificates at Androscoggin and Little Androscoggin River Dams and
accompanying
cover letter (pdfs)
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Friends of Merrymeeting Bay & other individuals, Petitioners (5/17/06)
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Letter from Dam Owners (by Pierce Atwood, law firm) requesting that the BEP reject
FOMB's Petition, above (5/24/06)
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FOMB's Response to BEP Re: Androscoggin Eel Petition of May 17, 2006 and Request for Dismissal Letter
of May 24, 2006 (6/7/06)
- Doug Watt's
Response to BEP Re: Androscoggin Eel Petition of May 17, 2006 and Request for Dismissal Letter
of May 24, 2006 (6/9/06)
- BEP's response to FOMB's
2nd Andro petition (6/9/06)
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FOMB response to BEP's dismissal (by Bruce Merrill, law firm, on behalf of FOMB) (8/30/06)
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Dam Owners response to FOMB letter of 8/30/06, above (by Pierce Atwood, law firm, on belalf of dam owners) (9/8/06)
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FOMB response to Dam Owner's letter of 9/8/06, above (by Bruce Merrill, law firm, on behalf of FOMB) (9/13/06)
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Maine Public Radio clip about second Androscoggin petition (10/19/06)
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Joint response of the Androscoggin River hydropower project owners to the May 17, 2006 petition to modify the water quality certifications for Androscoggin dams. (2/28/07 pdf; file size: 5.1 MB)
- BEP's dismissal of FOMB's 2nd Andro petition (5/17/07 pdf; file size: 2 MB)
- Petitioner's Appeal of BEP Andro 2 Petition Dismissal (6/15/07 pdf; file size: 40 KB)
- Motion to Dismiss by BEP (7/16/07 pdf; file size: 2 MB)
- Dam owner Support for Dismissal (08/03/07 pdf; file size: 132 KB)
- Petitioner's Opposition to BEP Motion to Dismiss (09/14/07 pdf; file size: 1.2 MB)
- Motion to Dismiss by Dam Owners (08/10/07 pdf; file size: 1.3 MB)
- Petitioner's Opposition to Motion to Dismiss (08/06/07 pdf; file size: 73 KB)
- BEP Reply Memo to Motion to Dismiss (08/09/07 pdf; file size: 267 KB)
- Dam Owner Reply Motion to Dismiss (08/21/07 pdf; file size: 586 KB)
- Sagadahoc Superior Court Consolidated Dismissal of Andro2 and Kennebec Appeals (11/08/07 pdf; file size: 15 MB)
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Documents related to Full Adjudicated Hearing on Kennebec River Dams
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- Letters to the Maine BEP in response to their request that FOMB petition to be intervenors in the
case that FOMB brought before them in the first place
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FOMB motion to limit scope of Kennebec hearing and to preclude evidence
Law offices of Bruce M. Merrill, on behalf of FOMB (7/19/06 pdf)
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Joint response of Merimil Limited Partnership, Hydro Kennebec LP, and FPL Energy to FOMB's motion
to limit scope of Kennebec hearing (7/26/06)
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Second Procedural Order on Kennebec hearing (8/23/06)
- Upstream eel passage compliance orders from DEP to Kennebec River dam owners:
Hydro Kennebec,
Shawmut,
Weston, and
Lockwood
(large Word files, 2.9-3.6 MB) (8/8/2006)
- Downstream eel passage compliance orders from DEP to Kennebec River dam owners:
Hydro Kennebec,
Shawmut,
Weston, and
Lockwood
(large Word files, approx. 5 MB) (9/14/2006)
- Pre-filed Testimony
- Pre-filed Rebuttals
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BEP Adjudicated Hearing Transcripts.
- Post Hearing Legal Briefs on Kennebec Safe Passage Petitions
- BEP's dismissal of FOMB's
2nd Kennebec petition (6/5/07 pdf; file size: 2.6 MB)
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Petitioner's Appeal of BEP Kennebec Petition Dismissal (08/05/07 pdf; file size: 50 KB)
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BEP Motion to Dismiss-Kennebec (08/31/07 pdf; file size: 1.3 MB)
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Dam Owners' Motion to Dismiss-Kennebec (09/05/07 pdf; file size: 738 KB)
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FOMB Opposition to Motion to Dismiss (09/25/07 pdf; file size: 1.6 MB)
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BEP Reply in Motion to Dismiss-Kennebec (10/03/07 pdf; file size: 411 KB)
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Dam Owners' Reply in Motion to Dismiss (10/03/07 pdf; file size: 649 KB)
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Sagadahoc Superior Court Consolidated Dismissal of Andro2 and Kennebec Appeals (11/08/07 pdf; file size: 15 MB)
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Press Coverage
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Eels, too, need safe downstream passage (includes comments from FOMB and other readers)
Colin Hickey, Waterville Morning Sentinal (7/25/06)
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Eel fans pan dams
Victoria Wallack, Times Record (04/26/2007)
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MAINE VOICES Free our fish to move freely up and down rivers
A bill to require dam owners to provide easy passage both ways is coming up soon.
Kerry Hardy, Portland Press Herald: Letter to the Editor (05/16/2007)
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Kerry Hardy: A historic chance for Maine rivers
OpEd by BDN Staff, Bangor Daily News (05/17/2007)
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River restoration bill would entail many costs
Fish-friendly dams are a laudable goal, but LD 1528 pushes too hard.
Portland Press Herald: Editorial & Reader Comments (05/21/2007)
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Eels vs. dams
Times Record Editorial (05/22/2007)
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We can have electricity and eels
Ed Friedman, Times Record Opinion (05/25/2007)
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FOMB Press Release on Law Court appeal to protect Kennebec River
Right To Judicial Review Of Executive Branch Decisions At Stake (12/04/2007)
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Fight to get eels past dams heads to high court
Advocates say passages downstream are needed to protect a number of migratory species.
By DENNIS HOEY, Portland Press Herald Staff Writer (12/25/2007)
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Eel Appeals Renew Dam Debate
Times Record Front Page News
By Rachel Ganong, Times Record Staff Reporter (1/22/2008)
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Imbalanced on 2 points
Times Record
Ed Friedman, Letter to the Editor (1/31/2008)
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Expert Testimony
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Effects of dams on up and downstream migration of eels (& CV of author)
James McCleave (1/10/06)
Eel migration, passage, & mortality
Alexander J. Haro, PhD, Click here for CV
(12/29/05)
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Last updated 2/12/07
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