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Our View: Brunswick spill a ‘never again’ moment for Maine

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Our View: Brunswick spill a ‘never again’ moment for Maine


Workers clean up a Chemical spill at Brunswick Executive Airport on August 19. Shawn Patrick Ouellette/Staff Photographer

This editorial board published a preliminary response to the spill of toxic firefighting foam concentrate in Brunswick on Aug. 25 (“Our View: Response to Brunswick foam spill a multifaceted failure”). At that time, there were more questions than there were answers.

Even then, however, the scope and severity of the damage to our state was clear. This past week, some of our questions were answered. And those answers were very unsettling.

Staying on the story, the Press Herald’s Penelope Overton reported galling context Thursday. The fire suppression system in question at Brunswick Executive Airport was deemed “deficient” in the months before the leak.

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Worse than that, the inspector’s report declared the potential for “accidental foam discharge” as – and this is a big word – “tremendous.”

Nothing was done to mitigate this formally established risk; no sprinkler repair person was called. Why? The airport’s owner, Midcoast Regional Redevelopment Authority, reportedly couldn’t find anybody to do it. The account given is extremely murky and maddening.

The executive director of the authority, Kristine Logan, put it this way. “We went back and forth with them until September,” Logan said of the company that conducted the inspection. “So then, when we couldn’t get them back in, we started calling around to other places to say ‘Hey, would you guys come out and do that?’ But nobody wants to do anything with PFAS anymore.”

Nobody wants to do anything with PFAS anymore.

Hey, guess what? PFAS – the toxic forever chemicals contained in some life-saving and some decidedly less life-saving products – are a hard, painful fact of life where we live. The damage wrought by sludge contamination has already ruined many lives and livelihoods in Maine. The efforts to contain and filter out these disease-causing chemicals are worthwhile, if very arduous and uncertain. They fall to the state, to our municipal bodies and to private business and individuals. 

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If it really was the case that there are no willing or able professionals on offer to the authority, some official intervention must be explored. Certainly, inspection and maintenance of this significance – with these harrowing downsides, where neglected or avoided – is not optional. It is not something that can fall foul of the whims of the market.

Now, the Brunswick story appears to be wending its way into an unseemly legal battle between the Midcoast Regional Redevelopment Authority and the business that conducted the inspection – the business that warned Midcoast Regional Redevelopment Authority that “next steps,” steps to mitigate the risk, would necessarily run to tens of thousands of dollars.

No kidding. That’s what dealing with these substances costs. As we wrote in this space back in June, we’ve got to wrap our heads around the rising costs of solving this problem – they are only going to rise.

Attention to the crisis of PFAS contamination at the state level has been well above average; Maine has invested more than $100 million in its response to PFAS in the past two years and spent about $15 million to help those materially affected. Even then, we are only getting started down this extremely long and difficult road.

Private enterprise is likely to pay as much attention to the crisis as laws, rules and effective enforcement commands it to. If the Brunswick fiasco is anything to go by, the attitude toward the responsible management of material that poses an inordinate threat to public health if irresponsibly managed is … lacking, if not cavalier. It is a sorry state of affairs when it takes a catastrophe like this one to sharpen the focus of our regulatory bodies and our codes. Our treasured local environment is not a testing ground. We know more than enough about what needs to be done and insisted on when it comes to curtailing toxic chemical contamination. 

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Knowing what we know, prevention is non-negotiable. Accountability and liability need to be crystal clear; the buck has to stop somewhere. And the consequences, where it doesn’t stop, need to be grave enough to be effective.



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Maine

Maine police lieutenant, 2 others seriously injured in head-on crash

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Maine police lieutenant, 2 others seriously injured in head-on crash


A police lieutenant in Maine and two others suffered serious injuries when another driver crashed head-on into his police cruiser in Turner while the lieutenant was on his way home from work on Monday, authorities said Tuesday.

Monmouth Police Lt. Dana Wessling, 52, of Turner, was extricated from his cruiser and flown to Maine Medical Center in Portland with serious but non-life-threatening injuries, the Androscoggin County Sheriff’s Office said in a statement.

The other driver, Sean McNeil, 41, of Minot, and his passenger, a 47-year-old woman from Turner, were both taken by ambulance to Central Maine Medical Center with serious but non-life-threatening injuries.

The conditions of Wessling, McNeil and the unidentified woman were not known on Tuesday.

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On Monday, at 4:49 p.m., the Androscoggin County Regional Communications Center received a report of a two-vehicle, head-on crash at the intersection of Turner Center Road and Bradford Road in Turner.

Deputies along with Turner Fire-Rescue were immediately dispatched to the scene, the Androscoggin County Sheriff’s Office said.

A preliminary investigation found that Wessling was traveling west on Turner Center Road in his take-home cruiser, a black 2022 Ford Interceptor that is owned by the Town of Monmouth.

McNeil, driving his silver 2013 Ford F150 pickup truck, was traveling east on Turner Center Road when McNeil came around a curve, crossed the center line and was in Wessling’s lane when the two vehicles collided, authorities said.

Both vehicles had extensive front-end damage and were totaled, authorities said.

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Wessling, who was on his way home at the end of his shift, had just picked up his 7-year-old son at daycare, the Androscoggin County Sheriff’s Office said. His son was taken by private vehicle to a local hospital to be examined for precautionary reasons.

Investigators from the sheriff’s office and the Lewiston Police Department were on scene to reconstruct the crash.

The crash investigation remains under investigation.

Turner is a small town in Maine, just north of Lewiston. The town’s population was 5,817 at the 2020 census.

This is a developing story. Check back for updates as more information becomes available.

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Janet Mills wants to ensure Maine is ready for the next big storm

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Janet Mills wants to ensure Maine is ready for the next big storm


The first bill sponsored in Maine’s 132nd Legislature is a measure to help the state prepare for and respond to major storms.

Gov. Janet Mills, with support from both Democrats and Republicans, introduced resources and tools that can help support businesses and communities react to potential damage from inclement weather.

The bill is sponsored by Democratic Senate President Mattie Daughtry, Democratic House Speaker Ryan Fecteau, Senate Republican leader Trey Stewart and Republican House Minority Leader Billy Bob Faulkingham.

The bill would establish the Home Resiliency Program, which would provide grants up to $15,000 for homeowners to make improvements that would help mitigate storm impacts. The Maine Bureau of Insurance would oversee the $15 million program.

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Mills also seeks to invest in Maine Emergency Management Agency resources, using special revenue funds from the Bureau of Insurance. The investments would fund communication technology upgrades, as well as providing financial support for ongoing disaster investigations.

“Last year, my Administration and the Legislature made the largest investment in storm recovery and resilience in Maine history,” Mills said in a Tuesday statement.

“That funding was significant, but it’s clear that it was only a down payment on the critical recovery and resilience work Maine must do to prepare our people and communities for the storms we know will become more frequent and intense in the years ahead.”

In the past two years, Maine communities have suffered devastation from storms that battered the state with high winds, unseasonable rainfall and intense flooding. Some pier owners are still rebuilding from storms that struck in December 2023.

The legislation would also establish a State Resilience Office, funded through a five-year grant from the National Oceanic and Atmospheric Administration, that would focus on strategies to reduce flood and storm damages to public and private infrastructure.

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Financial support for the projects would be taken from federal funding and already existing fees processed by the Bureau of Insurance, rather that from the general state budget.



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The list of Maine parents waiting for a lawyer grew by 700 percent in 2024

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Like many of her colleagues, family law attorney Taylor Kilgore has been watching the list of child protection cases in need of lawyers grow over the past year. 

When the state removes children from their parents’ care because of concerns about abuse or neglect, those parents are guaranteed an attorney under Maine law. 

Increasingly, they aren’t getting one. Over the course of 2024, the number of child protection cases in need of at least one attorney increased 700 percent, according to a list compiled by the judicial branch. On January 3 of last year, the state lacked attorneys for 14 cases, the list showed. On December 30, that number stood at 112. 

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The list is sent to the Maine Commission on Public Defense Services, which distributes it to attorneys on its roster. The list is used to help find attorneys for parents who can’t afford them, but it also serves as a way for the state to understand the size of the problem. 

In late October, Kilgore came up with an idea to help get cases off the list. Her plan was to ask the state to let her look at the confidential cases and then pitch them to other attorneys, who she thought would be more likely to accept cases if they had a sense of the circumstances and amount of work that would be involved. Child protection case records are typically kept confidential to protect the identity of the involved children and parents. 

She pitched the idea to Jim Billings, executive director of the Maine Commission on Public Defense Services, the independent commission tasked with paying and managing the roster of attorneys representing clients who can’t afford a private attorney. Billings brought the idea to the judicial branch, which agreed to let Kilgore have access to the unstaffed cases in Lewiston. 

But after getting a look behind the curtain at the Lewiston courthouse, Kilgore has concerns about whether the list is properly accounting for the problem. 

“I don’t think the list is actually accurate,” Kilgore said. 

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Maine’s system for removing children from parents consists of several government entities: the Department of Health and Human Services, which investigates child abuse and neglect; the Attorney General’s Office, which represents the department in court; and the judicial branch, which oversees the proceedings and ultimately rules on cases. 

Together, these three bodies oversee a growing number of children and parents whose cases are hidden from public view.

The system removes around 1,000 children a year, and is one that federal auditors found failed to follow its own rules. It also seems increasingly unable to provide parents with the legal representation guaranteed to them by law, a problem highlighted in a child welfare watchdog report published last week. 

“The shortage of defense attorneys for parents has caused weeks and months-long delays in the progress of reunification cases, harming children, parents, and increasing staff workload,” Maine’s child welfare ombudsman Christine Alberi wrote in her annual report to lawmakers. 

The report follows a December letter of no confidence in the head of DHHS’s Office of Child and Family Services, which investigates allegations of child abuse and neglect. The letter was signed by 150 caseworkers. 

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Kilgore’s experience raises questions about whether the system is capable of accurately tallying all the families and children it is failing. 

‘The list is not perfect’

In late November and early December, Kilgore spent two weeks reviewing cases in the Lewiston court and calling attorneys to try to get them to take cases off the list.

She found four cases that had been staffed for at least three weeks, but had not been removed from the list. More concerning were cases she found that needed attorneys but didn’t appear on the list. 

Kilgore had an associate go to the courthouse and take notes on the cases on the docket call, writing down the docket number any time a case lacked counsel. From that, she was able to identify three cases in need of attorneys that were not on the list. Additionally, a criminal defense attorney who heard about Kilgore’s work contacted her about a client. The attorney asked if she knew the status of the client’s child protection case. But when Kilgore looked, she found the case was not on the list. 

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“I had to write back and say ‘they’re not identified anywhere in this list as needing counsel,’” Kilgore said. 

The judiciary distributes a similar list for criminal cases without an attorney, and MCPDS executive director Jim Billings said Kilgore’s experience mirrors accounts he’s heard from attorneys on the criminal side.

There are cases that are on the list that should probably come off because they have already been staffed, Billings said. Conversely, Billings has heard from criminal defense attorneys that there are unrepresented criminal defendants who should be on the list, but are not. 

“The list is not perfect,” Billings said. “But right now it’s the best tool we have to try and track the cases and triage as best we can.” 

Judicial branch spokesperson Barbara Cardone did not respond to multiple emails with questions about how the list is compiled, maintained and updated. 

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Kilgore’s project fits into the commission’s effort to ensure poor Mainers get the representation guaranteed to them under state and federal law. The list of criminal cases grew throughout 2024. At the end of December, there were nearly 1,000 unstaffed cases, including more than 140 cases that involved defendants in jail. 

To combat this problem, MCPDS is in the process of opening and staffing public defender offices across Maine. The commission has also hired Machias-based attorney Molly Owens as chief of the new system’s parents’ counsel division. Owens is tasked with building a team of public defenders devoted to representing indigent parents in child protection cases. She is in the process of hiring three attorneys to join the nascent team. 

Three years from now, MCPDS wants the parents’ counsel defender team to have between 20 to 25 attorneys, allowing them to represent one parent in about half the state’s cases. 

Owens praised Kilgore’s efforts to understand and staff child protection cases in Lewiston and said she would like to see those efforts replicated.

“Do I think there are cases that are not on the list? If Taylor is finding them, then yes,” she said. 

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“I don’t know how I would know how common that is until we do what Taylor is doing.”

Parents who wish to maintain custody of their children are fighting against a system that a recent federal audit found failed to follow its own rules when investigating allegations of child abuse or neglect. 

A capable attorney can help identify those missteps, put pressure on the department and use those errors to argue on behalf of parents in court. Attorneys can also connect clients to services that can help move them toward reunification with their children. 

But a lack of attorneys makes that kind of zealous representation less likely, which in turn results in more families separated and more cost to the state.

Cases are confidential, so it’s unclear how often judges disagree with the state or rule in favor of parents. The Monitor asked the judicial branch for insight into this issue but was told the judiciary could not provide data on when the courts rule against the department.

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The Monitor also submitted a public records request in October to both DHHS and the Attorney General’s Office, which represents the department in court, seeking data on how often the state loses in court. Neither agency has provided records or an estimate of when they will be able to fulfill the request. 

One recent decision from the Maine Supreme Court shows how even repeated failures by the department can have little impact on the outcomes of cases.

On October 3, the high court published a memorandum decision in an appeal of a termination of parental rights out of Portland. The memo notes that the lower court was right to terminate the parental rights of the mother despite the fact that the judge in the case ordered the department to file a rehabilitation and reunification plan “seven times during the pendency of the case and never did so.” 

Maine’s child removal rate has made it an outlier in the United States​​. Only Maine and Nebraska took more children into state custody in 2022 than in 2018, according to the most recent federal data. 

More children entering state custody increases demand for attorneys at the same time as the supply is falling. The number of attorneys rostered with MCPDS representing a parent in at least one case fell by more than half, from 230 to 110, between 2018 and 2024.

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‘We can’t do it alone’

The December 30 edition of the parents’ counsel list contained 112 cases. This translates to an even greater number of attorneys, since each parent in a case is entitled to an attorney, and representing more than one parent in a case would present a conflict of interest. Some cases involve multiple children, sometimes with multiple partners, and thus could require three or more attorneys. 

Of those cases, 79 were added to the list more than a month prior. Twenty-seven were added to the list before October, meaning that parents in those cases could have been waiting for representation for three months or longer while their children were in state custody. 

Seven of the cases were added before July 2024. On the December 16 list, there was a case dating from April 2023 — over a year and a half earlier. By the end of the year, after The Monitor asked Judiciary spokesperson Barbara Cardone about the case and received no response, it had been removed. Given the concerns raised about the accuracy of the list, it’s unclear whether the case had finally been staffed in late December, or if it had been staffed earlier but had not been removed from the tally. 

An additional five cases had no dates at all. 

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Kilgore started her project in late November. She reviewed 43 docket numbers in Lewiston and was able to find representation for 21 of the 56 parents involved in those 43 cases.

One of the cases involved a parent who had been on the list since February. By Kilgore’s count, the parent had been without an attorney for 281 days. Confidentiality rules prevented Kilgore from disclosing details of the case, but she noted that it had procedural issues that desperately required an attorney. 

“The case was kind of on fire,” she said. “In my opinion, the parent’s rights were being violated.”

Kilgore was able to find an attorney to take the case, and said that overall she thinks the experiment was successful. Billings agreed. 

“I think it shows that if there are devoted resources, even in a market that we think is saturated, we can still make some progress on the list if the effort is put in,” Billings said.

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Next month, Kilgore is going to bring the experiment to the Portland courthouse. 

But the problem is larger than finding attorneys, said Owens, the parents’ counsel chief. DHHS and the courts need to be held accountable and find ways to keep families together while keeping kids safe, she said.

“A lot of departments and agencies got us here,” Owens said. “We want to be part of the solution, but we can’t do it alone.”

This story was originally published by The Maine Monitor, a nonprofit civic news organization. To get regular coverage from the Monitor, sign up for a free Monitor newsletter here.

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