Maine’s Second Amended Complaint in State v. McCarthy

Doc. 30- Second Amended Complaint

Previous Turtle Talk coverage here.

Maine is suing the EPA over agency action concerning the State’s surface water quality standards.

Members of Congressional Native American Caucus File Amicus Brief in Penobscot River Case

Here are the new pleadings in Penobscot Nation v. Schneider (D. Me.):

131 Motion to File Amicus Brief

131-1 Amicus Brief

Cross-motions for summary judgment are here. First amended complaint here.

Cross-Motions in Penobscot Nation Suit over the Penobscot River

Here are the pleadings in Penobscot Nation v. Schneider (D. Me.):

116 State Intervenors Motion

117 Maine Motion

120 US Motion

121 Penobscot Nation Motion

137 Intervenors Response

138 Intervenors Motion to Exclude

139 Penobscot Response to NPDES Permittees

142 State Response

143 US Response

144 Penobscot Response

We posted the first amended complaint here.

Federal Court Orders Exhaustion of Tribal Remedies in Suit against Penobscot Corporation

Here are the materials in Rassi v. Federal Program Intergrators LLC (D. Me.):

33 Motion to Dismiss

34 Opposition

35 Reply

45 DCT Order

An excerpt:

I conclude that the sovereign immunity of the Penobscot Indian Nation does extend to FPI, but that FPI waived its immunity by adopting the “sue and be sued clause” in § 12.07 of its Operating Agreement, as required by 13 C.F.R. § 124.109(c)(1) in order for FPI to participate I the § 8(a) program. Nevertheless, I conclude that the tribal exhaustion doctrine applies to this case. The case is ORDERED STAYED with regard to FPI pending a determination by the tribal court as to its jurisdiction, and if necessary, an adjudication of the case on its merits. After the tribal court has ruled on the issue of its jurisdiction, and, if necessary, adjudicated the case on the merits, either party may return to this court and request that the stay be lifted. It is further ORDERED that all claims against PINE are DISMISSED, without prejudice.

United States Intervention Materials in Penobscot Nation v. Maine


2014-02-04 United States Complaint-in-Intervention

Exhibit A – to U.S. Complaint in Intervention

Exhibit B to US Complaint in Intervention

Exhibit C to US Complaint in Intervention


New State Motion in Penobscot Tribe & United States v. Mills (Maine)


2013-08-26 Defendant State_s Motion to Amend Answer and Counterclaim (3)

Affirmation in Support of State Defendant_s Motion to Amend Answer and Counterclaim (2)

Exhibit A – Amended Answer and Counterclaim (3)

Exhibit B – letters from Banks (3)

Exhibit C – 2012-05-24 Statement by Counsel (3)

Exhibit D 2013-07-11 Chief_s Correspondence to FERC (2)

US intervention materials here. Prior post here.

United States Intervenes in Penobscot Nation’s Fight with Maine

Here are the materials:

2013-08-16 United States Complaint in Intervention

2013-08-16 United States Motion to Intervene

2013-08-16 Affidavit in Support of Motion to Intervene

Exhibit A to Complaint 2012-08-12 Correspondence from Schneider

Exhibit B to Complaint 1988-02-16 Correspondence from Tierney

Exhibit C to Complaint 1997-05-30 State of Maine Response to Doi

Prior post here.