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Law Firm That Helped Overturn Chevron Fighting to Limit Maine Beach Access

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Law Firm That Helped Overturn Chevron Fighting to Limit Maine Beach Access


A sign warning the public away from Moody Beach in Wells, Maine. Photo: Jim Petkiewicz // Unsplash


The Inertia


For years, a debate has been raging over who gets to use the beach in Wells, Maine.
Now, a lawsuit seeking to restore public access to Moody Beach is going to the Maine Supreme Court, but the plaintiffs face stiff opposition in the form of a public interest law firm that helped overturn Chevron deference, as the Maine Morning Star reports..

A 1989 decision by the Supreme Judicial Court of Maine established private ownership down to the low-tide mark and limited public use to “fishing, fowling, and navigation.” This made the majority of Moody Beach private, limiting public access to just a few, narrow slivers of beach. Since then, it has led to multiple confrontations between beach-goers and the beachfront property owners who seek to keep them out. “This has become a hostile environment where people are confronted and yelled at. The cops are called and people are told they have to move,” Jeannie Connerney, a local homeowner and member of Free Moody Beach, told News Center Maine.

Surfing and environmental advocacy group Surfrider also weighed in, writing in a statement, “[The 1989 ruling] has led to the absurd result, as noted by former Chief Justice Leigh Saufley, that a person may walk along a Maine beach carrying a fishing rod or a gun, but may not walk along that same beach empty-handed or carrying a surfboard.”

In response, more than 20 plaintiffs filed Peter Masucci v. Judy’s Moody in April 2021, with the the goal of reversing the decision and restoring public beach access.

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As of two years ago, the defense has been represented by the Pacific Legal Foundation (PLF), a California-based public interest firm that takes up libertarian and conservative causes with the hope of setting legal precedent. In July 2023, the organization filed an amicus brief asking the Supreme Court to overrule Chevron v. Natural Resources Defense Council. The court ultimately ruled to strike down the legal precedent known as “Chevron deference,” which previously guided courts to defer to the expertise of federal agencies when interpreting unclear laws.

The PLF’s argument regarding Moody Beach is essentially that the 1989 decision was correct, and that overturning it would amount to “taking” property from private owners. “This is an important case because it’s a challenge to this longstanding precedent,” Chris Kieser, an attorney with Pacific Legal Foundation, told the Maine Morning Star.

In April 2022, a Superior Court Justice dismissed four of the five counts, ruling that the intertidal zones belonged to the property owners. However, the plaintiffs have since appealed to the Maine Supreme Judicial Court. Both sides are expected to file briefs in the coming months.





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Lewiston’s Maine MILL museum plans approved by Planning Board

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Lewiston’s Maine MILL museum plans approved by Planning Board


A concept by architect Platz Associates shows the design for the future home of the Maine MILL on Beech Street. The project, approved Monday, will renovate the historic Camden Yarns Mill and build a 3,000-square-foot addition. City of Lewiston

LEWISTON — A $13.5 million new home for the Maine Museum of Innovation, Learning and Labor on Beech Street was approved by the Planning Board on Monday, with construction scheduled to begin this fall.

The project will renovate and expand the historic Camden Yarns Mill along the Androscoggin River into an 11,000-square-foot museum, gallery and event space that officials hope will become a tourist draw in Lewiston.

The Maine MILL has been inching toward the new location for years as the organization works to raise the funding and support for the work. The former Museum L-A announced a rebranding to Maine MILL in early 2023, part of a long-term plan to build a new museum and redefine the mission and vision of the organization.

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“We are delighted with the approval and appreciate the Planning Board’s support of this important project,” said Maine MILL Executive Director Rachel Ferrante on Tuesday.

During the Planning Board hearing Monday, Ferrante said the museum is “a tribute to the people, industries and heritage that built our past, enriches our present and creates our future.”

She said the renovation of the roughly 8,000 square-foot Camden Yarns Mill and a 3,000 square-foot addition will create permanent exhibition and gallery spaces, classrooms, expanded educational programming, and more.

Construction is expected to begin this fall, with an estimated construction timeline of 18 months.

When asked where the organization is in its fundraising efforts, Ferrante said, “We have made enormous progress toward (the goal of $13.5 million) and still have important fundraising to do.”

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The cities of Lewiston and Auburn committed $2 million and $1.5 million, respectively, toward the project in 2021.

During the Planning Board discussion Monday, city staff and staff from architect Platz Associates outlined the project details, which include an extension of Beech Street, a 67-space parking lot and the eventual expansion of the riverfront island trail through the property.

The refurbished mill building will house the museum’s permanent collection with temporary gallery exhibits on the second floor. The new addition will include bathrooms, the main entryway, gallery space and more.

In order to make the building design work, the Maine MILL requested a few waivers of the city’s design standards, mostly related to the confined area the developers have to place parking. Another relates to a standard that restricts the amount of “blank wall” space a building can have, but board members supported the design element in question due to its uniqueness.

A concept image from Platz Associates shows what the future Maine MILL will look like at night. The building design features a perforated steel wall, at right, that will be backlit. City of Lewiston

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Tom Platz, owner of Platz Associates, described it as a perforated steel wall that will feature a design in ode to the mill, backlit with lights.

“We saw it as part of the industrial nature of this museum,” he said. “We tried to use elements that celebrate what this museum is.”

Board members were strongly in favor of the project, with limited comments on the design. Board member Alex Pine suggested the developers remove a few parking spots from the plan in order to make the entrance “more welcoming from a pedestrian standpoint.”

Following the unanimous votes to approve the project, board member Shanna Cox said the museum is “going to be a beautiful addition to the community.”

When reached Tuesday, Mayor Carl Sheline said, “The Maine MILL will help bring tourist dollars to our area and drive economic development in our riverfront even as it tells the story of us and the history of work in Lewiston-Auburn.”

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The new building has been a long time coming, with the museum taking over ownership of the Camden Yarns Mill in June 2009. It wasn’t until 10 years later that the museum board selected Platz Associates to design the new museum on the site, which lies adjacent to Simard-Payne Memorial Park.

Throughout the planning for the new space, the museum has maintained a home and regular exhibits at the Bates Mill complex on Canal Street.

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New Jersey man pleads guilty to robbing postal offices and carriers

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New Jersey man pleads guilty to robbing postal offices and carriers


A New Jersey man pleaded guilty Tuesday in U.S. District Court in Portland to robbing two U.S. postal carriers at knifepoint and burglarizing two post offices.

The U.S. Attorney’s Office for the District of Maine said during a one week period in January, 31-year-old Winston McLeod and another man broke into the Paris and North Monmouth post offices and stole money and equipment. The men then robbed two postal carriers in Lewiston.

The Attorney’s Office said investigators identified McLeod through a photo on the lock screen of a phone found outside a broken window at the Paris post office.

The two men were later arrested at a traffic stop.

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McLeod is awaiting sentencing. He faces multiple years of imprisonment and fines.





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‘Woodlands to the Sea: Paintings of Maine’ on view at Monkitree

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‘Woodlands to the Sea: Paintings of Maine’ on view at Monkitree


“Woodlands to the Sea: Paintings of Maine” will feature “Cove at Twilight,” acrylic on canvas, by Andy Curran Submitted photo Submitted photo

“Woodlands to the Sea: Paintings of Maine” artist reception is set for 5-8 p.m. Friday, July 26, at Monkitree, 263 Water St. in Gardiner. The exhibit will be on view through Aug. 24.

Andy Curran has a deep appreciation for Maine and its woods and waters, saying “I love the sparkle of light on water, the flicker of sunlight on leaves, the ethereal quality of a sunset.”

For most, the experience of a beautiful sunrise or sunset is fleeting. We relish those moments that are never the same twice. For Curran, he will sketch, photograph and write about what he sees, “My paintings start with these observations,” he said according to a news release from the gallery.

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In the studio he works from notes and photographs, to create acrylic paintings on canvas and wooden panels. They take days, months and sometimes years to finish.

“I am a slow, thoughtful painter, spending lots of time just looking at and living with my works in progress. Feeling my way into the scene. Finding the essence of place, to create a quintessential landscape, Curran Said. “Often my paintings are of a specific place, though I strive for them to have a universal quality that conjures a sense of place.”

Many will recognize Curran’s work from his line of cards under the name Dog Star Creations.
Curran is currently painting at home in his Buxton Studio and the Waldo County town of Palermo. In his Summer Studio he paints in a geodesic dome, on a ridge, in the woods of his girlfriend, Kipp. Both rural settings work well with his connection to the Maine pastural and coastal landscapes and enable him to access many of themes that are the inspiration for and representative of his paintings.

For more information call 207-512-4679 or visit monkitree.com.

 

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