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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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Maine

Amtrak train strikes, kills man in Old Orchard Beach, Maine

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Amtrak train strikes, kills man in Old Orchard Beach, Maine


A 51-year-old man was fatally struck by an Amtrak train in Old Orchard Beach, Maine, on Thursday afternoon, and police believe alcohol was a factor.

Old Orchard Beach Police say they responded around 2:18 p.m. to the area of the railroad tracks located off from the roadway near 133 Temple Avenue. The victim, who had been struck by a train traveling northbound, was pronounced dead at the scene.

Information obtained from witnesses suggests the man was traveling alone and walking nearby the railroad tracks moments before being struck by the train, according to police, who didn’t say why they believe alcohol was a factor in the incident.

The victim’s name is being withheld pending further investigation and notification, with police saying only that he was from Old Orchard Beach.

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Amtrak said in a statement obtained by NBC10 Boston affiliate News Center Maine that the individual was trespassing when he came into contact with the train.

Amtrak urged the public in its statement to stay off railroad property and use caution around railroad tracks and grade crossings, writing, “These incidents can affect everyone involved—those who are injured or die and their families, our train crews, and our passengers.”

There were no reported injuries among the 135 passengers and crew members abord the No. 683 train that was traveling from Boston to Brunswick until the incident happened on Thursday.

The added that preventing railroad incidents and fatalities is a priority for them. Amtrak is working with local authorities investigating this latest incident.

An investigation remains ongoing by the Old Orchard Beach Police Department, Amtrak Police and Saco Police Department, which responded to assist.

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High bacteria advisories reported at multiple Maine swimming spots

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High bacteria advisories reported at multiple Maine swimming spots


PORTLAND (WGME) — Wednesday afternoon, Tassel Top Park officials posted on social media, reporting the beach was temporarily closed to swimming after routine testing found elevated levels of E. coli in the water.

Anna Goodnik, a visitor at the park, says she was disappointed to learn she could not swim.

“It’s a beautiful lake. I feel so sorry, it’s too bad this happened,” Goodnik said.

She says she drove from Portland to visit the park.

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“Very sad because I came from Portland, I drove 40 minutes,” Goodnik said.

Goodnik says she has been coming to Tassel Top Park for 15 years and that while the park remained open, she was hoping to get in the water.

“The water is so smooth right now, I would just like to swim in it,” Goodnik said.

Raymond Town Manager Glenn Michalowski said in a statement that the Portland Water District provides weekly test results for 18 locations around Sebago Lake. Tassel Top Beach was closed for swimming because E. coli levels exceeded state water quality standards.

Michalowski said testing indicated the presence of waterfowl in the area, which can contribute to elevated bacterial levels. The statement also noted that high E. coli counts after rain events and in areas with waterfowl activity are a normal occurrence across Maine beaches and recreational water areas.

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Ben Peierls, research director at the Lakes Environmental Association, says warmer water can lead to more bacterial growth.

“When water gets warmer, there’s more growth of bacteria,” Peierls said.

Peierls says E. coli can come from animals such as birds, dogs and other wildlife, or from human waste. He says this time of year can bring rain and runoff that carries contaminants into lakes.

“This time of year, there’s lot of rain and runoff materials coming into lakes, and it’s coming from sources where there may have been that fecal material, and it gets washed into lakes and it shows up in places people could be recreating,” Peierls said.

Tassel Top is not the only location reporting elevated bacteria levels. Ferry Beach in Scarborough and East End Beach in Portland also reported results above Maine’s safety threshold for enterococci in marine waters.

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Town officials say Tassel Top Beach will reopen once retesting confirms the water has returned to safe levels, and residents will be notified when the closure is lifted. Swimming can resume once weekly testing confirms water quality is back within safe limits.

To check the status of all beaches in the state, click here.



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Person hospitalized after shed fire in Harpswell

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Person hospitalized after shed fire in Harpswell


HARPSWELL (WGME) — The Maine State Fire Marshal’s Office says a person was hospitalized after a shed fire Wednesday night.

Firefighters were called to 23 Smokehouse Road in Harpswell for a shed fire around 7 p.m.

Crews quickly put out the fire and kept it from spreading into the woods.

An unhoused person who had been living in the shed suffered burns and smoke inhalation.

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They were taken to Maine Medical Center for treatment.

Investigators believe the fire may have been electrical in nature.

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The fire remains under investigation.

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