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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

Family in Maine host food pantry for deer | Hand Off

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Family in Maine host food pantry for deer | Hand Off




Family in Maine host food pantry for deer | Hand Off – CBS Chicago

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It’s called Brownville’s Food Pantry for Deer. The McMahon family has been feeding hungry deer in Central Maine for 16 years.

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Elementary-aged student killed in school bus crash in southern Maine

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Elementary-aged student killed in school bus crash in southern Maine


A student was killed in a crash involving a school bus in southern Maine on Tuesday morning, officials say.

The crash occurred around 7:30 a.m. near Edna Libby Elementary School in Standish, authorities said, and MSAD 6 School Superintendent Clay Gleason told News Center Maine it involved a student and a school bus.

Cumberland County Sheriff Kevin Joyce confirmed that an elementary school student was struck by an MSAD 6 school bus and died at the scene. He said Route 35 was shut down between Route 114 and Moody Road for the crash investigation.

MSAD 6 serves the towns of Buxton, Hollis, Limington, Standish, and Frye Island. Standish is a town with about 11,000 residents about 15 miles west of Portland.

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The child who died was a student at Edna Libby Elementary School, the school district said. Joyce said only one student was on the bus at the time of the crash — the half-brother of the student who was killed.

“The Cumberland County Sheriff’s Office, along with other law enforcement agencies, will be reconstructing the accident, providing more information as we get it,” Joyce said. “What we do know now is we have a child that’s deceased. It’s tough anytime of the year, but not a good time of the year for a lot of families.”

Gleason said Edna Libby Elementary School planned to dismiss students at 11:30 a.m. to allow parents or caregivers to be with their children and for staff to receive support. All after school activities in the district were canceled, though the school day went on as scheduled in all other district schools.

“I have been in communication with the Cumberland County Sheriff’s Office and a full investigation will be forthcoming to determine how this tragic accident took place,” Gleason said in a message to the school community. “In this difficult time please keep those directly impacted in your thoughts – first and foremost the family of the student, as well as the students and staff of Edna Libby. Speculation or blame on social media is not productive or helpful and is disrespectful to the memory of the student and their family.”

Support services are being provided for the bus driver and the family, Joyce said.

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No additional information has been released, but officials said they expect to have more to say later in the day.



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Maine Jewish community mourning, on edge after attack in Australia

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Maine Jewish community mourning, on edge after attack in Australia


PORTLAND (WGME) — The Maine Jewish community says the attack in Australia has left them mourning and on edge.

It comes amid an increase in antisemitic rhetoric, online and in our communities.

Members of Maine’s Jewish community say they have no choice but to take these increased threats seriously, especially in wake of the tragedy in Australia.

They are now increasing security, like during the menorah lighting for the first night of Hanukkah outside Portland City Hall Sunday.

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The Jewish Community Alliance of Southern Maine says they’ve been coordinating with local law enforcement across the state since Sunday about heightened threat levels.

They say the attack in Australia is just the culmination of an increase in antisemitic actions that have been seen across the world in recent years, which Maine has not been isolated from.

“There were about, almost 16 antisemitic incidents, documented antisemitic incidents in 2024,” Jewish Community Relations Council Director Zach Schwartz said. “That represents the same increase that Sydney saw, which is a three-fold increase, so yeah, we could say by the numbers, that there is multiple orders of increased antisemitism in the state.”

The alliance says the story of Hanukkah is also more relevant than ever amid these attacks.

They say amid dark days, the Jewish community still finds ways to come together in hopes of lighting the way for a brighter future.

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Governor Janet Mills issued a statement on both the shooting in Australia and at Brown University.

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“My prayers are with the victims of the tragedies in Providence and Australia, and I hope for the full recovery of all those injured. Innocent people, like those gathering for school or to celebrate their faith, should be free from fear of hateful acts such as these.”



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