Sears Island: Village Soup stirring the pot lately.

While the Press Herald continues to dither over reporting developments in the Sears Island epic. Shlomit Auciello of the Rockland Herald Gazette is digging deep into the Gordian Knots entangling the Sears Island port plan. Oho the Army Corps isn't happy with MDOT. The Maine Legislature isn't happy with Maine DOT, let alone the litigating citizens. Go, Shlomit, go! Her earlier piece laid out the litigation issues.

Where's the Press Herald? If you wanta port-hug ladies and gents, go right ahead and spin it that way. Don't just do a big brotherian blackout on the story, for gosh sakes. BDN is on the ball, and so is MPBN Even Maine Biz has done a creditable job informing about Sears Island.

Sears Island lawsuits - PPH holds out against coverage.

The Press Herald appears to be continuing the non coverage of the Sears Island lawsuits. Maybe if the editors at PPH hold their breaths and stamp their feet, the cases will just...go away.
But they are out there. Here's an update:

SEARS ISLAND UPDATE: 3/01/09

LAWSUITS FILED AGAINST MDOT SEARS ISLAND DIVISION PLAN

Third lawsuit joins two filed earlier against Sears Island Port/Conservation Easement plan

Three petitions for judicial review opposing the partition of the US east coast's biggest unprotected publicly owned island have been filed before three Maine Superior Courts.

The seek to invalidate the Maine Department of Transportation's recently approved "Joint Use Plan" that grants two thirds of the 950 acre island under a perpetual conservation easement to Maine Coast Heritage Trust, but two of them also want the Court to invalidate Public Law 277 as unconstitutionally giving decisionmaking power over Sears Island to a Legislative committee.

A Searsport man has filed a petition in Maine Superior Court in Belfast asking for MaineDOT's Sears Island Conservation Easement to be set aside. The move follows February 19th filing of a similar petition (pdf) by Rockland, Maine activist Ron Huber in Knox County Courthouse, and a February 20th filing (pdf) by Augusta resident Douglas Watts in Kennebec County Superior Court that also asks for the Sears Island Conservation Easement to be rescinded.

"The fact of three Sears Island cases already pending before courts in three different counties should be a warning to potential port investors: STAY AWAY, unless you have deep legal pockets."

All three Mainers have filed Petitions for Review of Final Agency Action. The petitions challenge the lack of environmental review that the state subjected the plan to, even though it was required to under the Maine Sensible Transportation Policy Act and the Maine Site Location of Development Act".

Two of the plaintiffs, Mr Huber and Mr. McLaughlin, also take issue with the constitutionality of Public Law Chapter 277 "An Act Regarding the Management and Use of Sears Island", which granted the Maine Legislature's Transportation Committee executive branch-type power to approve, disapprove or modify Maine DOT's Joint Use Plan partitioning Sears Island.

Huber and McLaughlin say PL 277 violates the Maine Constitution's distribution of powers section and asks that the Court declare the January vote by the Transportation Committee approving MDOT's division of Sears Island unconstitutional and thus invalid.

The plantiffs also vary in their "standing" assertions. Doug Watts describes himself in his petition as "an avid user of the Penobscot River and its tributaries near Sears Island since 1982." and wrote to the court that the conservation easement signed by MDOt and Maine Coast Heritage Trust "will irrevocably harm his ability to continue using and enjoying the Penobscot River and these tributaries as he has done since 1982."

Huber notes that he hikes the island "and snorkles the island's shallows in communion with the natural residents he was charged in 1992 by God Almighty with stewarding and restoring; in particular the brackish water nurseries and diadromous fish shelter habitats surrounding Sears Island in Searsport Harbor, Long Cove and Stockton Harbor. The final agency action he seeks to be reviewed will irrevocably harm his ability to enjoy, use, steward and restore this area."

McLaughlin explained to the court that he "has been an avid user and protector of the natural resources and wild residents of Sears Island and her surrounding estuarine water complex since 1947. Mr McLaughlin hiked the island and swam in the island's shallows with his grandparents and now enjoys those same activities with his own grandchildren. Mr McLaughlin feels a strong
responsibility to ensure our generation passes on the treasure that is Sears
Island as a gift to future generations. The final agency action he seeks to be
reviewed will irrevocably harm his ability to enjoy, use, steward and restore this area"

All three plaintiffs are asking the Court to "rescind" the Jan. 22, 2009 conservation easement until the MDOT has fully complied with the requirements of the Maine Sensible Transportation Policy Act

Watts played an important role in development and passage of the Maine Sensible Transportation Policy Act late 80s and early 90's.

Huber played a role in fending off Governor Angus King's woodchip port plan in 1996, and Governor Baldacci's LNG port plan in 2005.

There are as-yet-confirmed reports that a fourth Mainer will file a petition for review of Maine DOT's Sears Island plan later this week .

For more information:

Ron Huber 207-691-7485 e: coastwatch@gmail.com

Harlan McLaughlin 207-548-9962 pearlsb4swine@bluestreakme.com
Doug Watts 207-622-1003 e: info@dougwatts.com

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