Abigail Adams photo (click the image for the article)
There is an article about the end of mediation of the Clary Lake water level order in this week’s Lincoln County News. The article, by reporter Abigail Adams, is factual and accurate but I thought it put too much emphasis on the confusion surrounding the dissolution of Pleasant Pond Mill LLC (PPM) and what effect, that will have on the Department of Environmental Protection’s enforcement of the water level order. As I understand it, despite various people speculating to the contrary, there is no reason to believe that PPM’s dissolution will have any impact at all on DEP’s ability to enforce the Order. Anthony Buxton, the PretiFlaherty attorney representing Kelley and Smith readily admits that State law allows PPM even after dissolution to serve as a petitioner in the appeal of the Department order but goes on to say that DEP’s attempting to force a dissolved company to comply with the water level order is a “metaphysical impossibility.” Time will tell. Here’s a link to the article:
The article also includes some quotes from the mediator’s report and statements from Paul Kelley and Richard Smith, owner of Aquafortis Associates LLC (AQF) which owns the Clary Mill downstream from the Clary Lake dam. There was however no statement from lawyers with the Attorney General’s Office who are defending the DEP water level order.
The court held a status conference on June 2nd which resulted in a procedural order stating among other things that the requirement for the Respondent (DEP) to file the record is stayed, and further, that the Respondent is allowed 5 weeks to file a motion to dismiss the appeal and the Petitioners (PPM and AQF) will have 5 weeks to respond to any motion filed.
Here’s an archived copy of the article if you have trouble getting it off the paper’s site:
[ARCHIVED]: Clary Lake Mediation Ends Without Resolution