Includes documents related to legal cases such as dam relicensing to protect the American
eel, endangered species protections,
the proposal to put hydroelectric turbines in the Chops, etc.
-
Lower Kennebec River Dredging
- USACE Press release 3-1-11
- ACE Public Notice 3-1-11
- ACOE Draft Kennebec Env Assessment 2-2011
- ACE Ladd memo 3-16-11
- FOMB DEP Final Comments Kennebec Dredge Spoils 3-19-11
- Dot Kelly-Final DEP Comments March 21
- Phippsburg DEP Letter 3-25-11
- FOMB USACE Comments Kennebec Dredge Spoils 3-26-11
- Doug Watts ACE Comments 3-28-11
- L. Sewall DEP Comment 3-29-11
- KELT DEP Comments 3-29-11
- Dot Kelly USACE Final Comments 3-30-11
- Phippsburg Commenters Kennebec Dredging ACOE Letter 3-30-11
- Phippburg Land Trust ACE Comments 3-30-11
- MPBN 4-7-11
- Times Record 4-11-11
- DEP 401 Cert. to US ACE L16281EN revised final-4-14-11
- FOMB Testimony LD 1398 Kennebec Dredging 4-26-11
- Bob Cummings Testimony 1398 4-26-11
- New Maine Times 4-27-11
- Times Record Kennebec dredging prompts renewed river classification questions 5-6-11
- Army Corps Appeal 05-13-11
- ACE Soundings Data from Feb 2011 5-13-11
- Watts-Friedman BEP Dredge Appeal Cover Letter 5-14-11
- Watts-Friedman BEP Dredge Appeal 5-16-11
- Dot Kelly BEP Dredge Appeal 5-16-11
- Phippsburg/FOMB Appeal of August Dredging 5-16-11
Exhibits: 1
2
3
4
5
6
7
8
9
10
11
12
13
14
- Phippsburg Dredging Foes Aim to Block Project 5-17-11
- Dredging Today 5-18-11
- MPBN Kennebec Dredging 5-19-11
- Morning Sentinal 5-22-11
- Portland Press Herald 5-22-11
- New Maine Times Kennebec Dredging 5-25-11
- Kennebec River Dredging Letter to ACE-EPA 6-1-11
- ACE Soundings Data from May 2011 6-2-11
- BEP Response to Appeals 06-03-11
- Army Corps Response to BEP 06-03 Letter- 6-8-11 With 3 Exhibits
- Appellants Response to BEP 06-03-11 Letter 06-08-11
Exhibits:
Ex.15
Ex.16
Ex.17
Ex.18
Ex.19
Ex.20
Ex.21
- Army Corps Withdraw of Appeal 06-08-11
- BIW Party of Interest letter against Phippsburg, et al. 06-09-11
- PPH Hinchman Letter 6-12-11
- New Maine Times Article 6-15-11
- Navy Letter to BEP 6-15-11
- Army Corps cover letter with responses to appeals.pdf 6-16-11
- Response of BIW to Appeals 6-16-11
- Appellant Letter to BEP for Expedited Review 6-17-11
- NMFS ESA Kennebec Dredging Biological Opinion 6-29-11
- Complaint filed 7-1-11
Exhibits:
Ex.1,
Ex.2,
Ex.3,
Ex.4,
Ex.5,
Ex.6,
Ex.7,
Ex.8,
Ex.9,
Ex.11,
Ex.12,
Ex.13,
Ex.14,
Ex.15,
Ex.16,
Ex.17-1,
Ex.17-2,
Ex.18,
Ex.19,
Ex.20,
Ex.21,
Ex.22,
Ex.23,
Ex.24,
Ex.25,
Ex.26,
Ex.27
- Motion for Preliminary Injunction 7-1-11
- FOMB Response in Opposition to Maine Motion to Dismiss 7-11-11
- Ammended Motion for Preliminary Injunction 7-12-11
- Town Of Phippsburg's Unapposed Motion To Intervene In Support Of Plaintiffs 7-12-11
- Plaintiffs Motion for Expedited Hearing 7-12-11
- MPBN-BEP Appeal 7-21-11
- Times Record BEP Decision 7-22-11
- District Court Order Denying FOMB/Phippsburg Request for Dredging Halt. 7-29-11
- The New Maine Times - Dredging the Kennebec: A significant loss 8-3-11
-
Androscoggin Reclassification Litigation
-
Andro Lawsuit Press Release-Final 6-22-26
(pdf 161 KB)
-
EPA Defendant Motion to Dismiss 10-30-26
(pdf 2.17 MB)
On October 30th the Maine DEP and USEPA filed their expected motions to dismiss our lawsuit. Their arguments are all ones we considered when we filed our complaints. We have until the end of November to respond, at which time we will wait for a judge's ruling.
-
FOMB v EPA, BEP , DEP and Loyzim-First Amended Complaint 9-14-2026
(pdf 388 KB)
Originally we were planning to file two separate complaints, one under the Administrative Procedures Act which questions whether EPA correctly reviewed Maine's implementation of its delegated antidegredation policy (did they do it right?) and then the other as a Citizen's Suit under the Clean Water Act (see our 60-Day NOI) which questions whether the EPA reviewed this part of state policy at all (did they do it?). These are subtle differences but each question comes under different statute and we use them both to cover all of our bases and avoid the situation where a court might say we should have filed under the other one. Rather than filing a separate lawsuit under the CWA we decided and all parties concurred, that it made more sense to cover both laws combined into one amended complaint.
-
FOMB v EPA, BEP, DEP & Loyzim 6-18-26
(pdf 855 KB)
-
FOMB v. EPA 60 Day NOI with Exhibit A 6-27-26
(External Link)
This is our required 60-day Notice of Intent to sue the EPA under the citizen suit provision of the Clean Water Act. The suit alleges the agency has for years failed to adequately supervise/monitor/review Maine DEP's faulty antidegradation policy and in so doing has violated the Clean Water Act. This differs slightly from our other Androscoggin lawsuit where in that case EPA is a defendant along with the Maine BEP, DEP and DEP Commissioner. This latter case is brought under the US Administrative Procedures Act or APA and in this one we allege the EPA failed to exercise its discretion that a new or revised Maine water quality standard was necessary.
-
Local conservation group files lawsuit over Androscoggin River classification-WMTW Short Clip 6-29-26
(mp4 25.53 MB)
Short WMTW newscast version. See Press WMTW listing below for written story and link to longer and better video.
-
Maine DEP Defendant Motion to Dismiss 10-30-26
(pdf 1.35 MB)
On October 30th the Maine DEP and USEPA filed their expected motions to dismiss our lawsuit. Their arguments are all ones we considered when we filed our complaints. We have until the end of November to respond, at which time we will wait for a judge's ruling.
-
Press- Sun Journal FOMB Androscoggin Upgrade Lawsuit 6-24-26
(pdf 669 KB)
-
Press-Maine Public-Androscoggin Upgrade Lawsuit 6-23-26
(pdf 124 KB)
On radio as well.
-
Press-Portland Press Herald Andro Lawsuit 6-24-26
(pdf 651 KB)
-
Press-WMTW Andro Upgrade Lawsuit 6-29-26
(pdf 181 KB)
TV coverage of the lawsuit filing featuring story plus link to TV News video with FOMB Chair Ed Friedman and Rachel Doughty of Greenfire Law, one of FOMB's attorneys on this case.
-
Brunswick Dam Relicensing
-
Chops Tidal Energy Project
(Internal Page)
-
CMP Chops Tower Lawsuit
-
Cobboseeconte Watershed Paper Watts 2012
(pdf 1.82 MB)
This section of Cobboseecontee documents pertain to a petition brought by Doug Watts of Kennebec Reborn under the non-hydro fishway proceeding statute also listed here.
-
Cobboseecontee CLF-Upstream Fishway Petition and Declarations Complete 9-10-26_compressed
(pdf 8.52 MB)
The Cobboseecontee drainage, a sub-watershed of the Kennebec, is Maine's largest watershed without any migratory fish access. This has long been due to the Gardiner or Yorktown Paperboard non-hydro dam not very far upstream from the mouth. Past efforts, largely by Doug Watts to remove this via a fishway proceeding have gotten close but changes in ownership and fires on the property killed the effort both times. We hope this latest effort by Upstream, represented by the Conservation Law Foundation will be successful. Above the Yorktown dam is the small American Tissue hydro dam whose FERC license requires fish passage once fish can reach it. This could be too costly for the facility and ultimately lead to removal if the lower Yorktown dam is removed. Lastly is the New Mills dam holding back Pleasant Pond which offers excellent river herring spawning habitat. This dam is owned by area municipalities and fish passage could be constructed here once fish get this far. It is believed by many that American Tissue is probably paying, Carter Becker, owner of the Yorktown dam to not submit to dam removal offers. A fishway proceeding, if successful allows the DMR and IFW Commissioners to initiate public proceedings for dam removal if they feel the potential fishery is being significantly impaired. It remains all about people, politics and money.
-
Cobboseecontee Draft Management Plan-DMR 2002 Compressed
(pdf 1.03 MB)
-
Cobboseecontee MDMR Draft Fisheries Management Plan 2002
(pdf 398 KB)
-
Cobboseecontee Non-hydro Fishway Proceeding- title12sec12760
(pdf 314 KB)
-
Cobboseecontee Watts Appeal FINAL 1-15-14
(pdf 174 KB)
-
Cobboseecontee Watts Petition for Fishway Proceeding Documents 12-3 2013 Compressed
(pdf 4.88 MB)
This file contains letters of support for the Watts petition as well as other file documents.
-
Cobboseecontee-Watts v DMR- Superior Court Decision 6-2-2014
(pdf 68 KB)
-
Eel Litigation - Maine Board of Environmental Protection (BEP)
(Internal Page)
Advocacy Work via petitions to modify Water Quality Certificates
for dams on the Kennebec River, Androscoggin River and tributaries to protect American eels and native anadromous fish species
-
Endangered Species Act: Petitions & Related Documents
(Internal Page)
-
EPA Petition-for-rulemaking-to-add-dams-and-reservoirs-as-a-source-category-under-the-Greenhouse-Gas-Reporting-Program 3-21-22
(pdf 1.66 MB)
-
FERC Determination for Brookfield Study Plan 12-30-24
(pdf 312 KB)
-
Ferraiolo Corp. Notice of Violation
(pdf 94 KB)
OR view HTML version with linked photos of site.
Background Material(pdf; file size: 88 KB)
[from a FOMB 2002 Press Release]
-
FOMB FERC Comments on Shamut-Kennebec Dam NOAA DEIS 6-4-24
(pdf 1.89 MB)
-
FOMB Files Appeal on DEP's Lower Androscoggin Class C Carve-Out.
The Maine legislature recently upgraded classification of the lower Androscoggin River from C to B as part of a general reclassification bill signed by Governor Mills March 31, 2022. Despite this, the DEP recently issued the Water Quality Certificate (WQC) in the Pejepscot dam FERC license renewal requiring compliance with Class C for the next 30-50 year creating a Class C carve out in the middle of Class B water. Technically, all non-emergency legislation does not go into effect until 90 days after close of legislative session. Given the upcoming effective date of August 8, legislative intent, broad support for the upgrade and DEP's nearly unbridled discretion and ability to set WQC conditions (like Class B compliance as of August 8), FOMB and other partners filed an appeal of the WQC July 8 with the Maine Board of Environmental Protection
-
Maine Power Reliability Project
-
MeBEP Advocacy
(Internal Page)
Maine Bureau of Environmental Protection Advocacy Work via petitions to modify Water Quality Certificates for dams on the Kennebec River, Androscoggin River and tributaries to protect American eels and native anadromous fish species
-
Merimil Limited Partnership, ORDER ISSUING NEW LICENSE
(pdf 869 KB)
Federal Energy Regulatory Commission
Project No. 2574-032
Mar 4, 2005
-
Presumpscot River Advocacy Work
Concerning requirements for upstream and downstream fish passage
for all of its indigenous fish species.
-
Sears Island
(Internal Link)
-
St. Croix River
(Internal Link)
-
U.S. Supreme Court
SD Warren vs Maine Bureau of Environmental Protection (04-1527)
This decision is pivotal for the biological, physical, & chemical integrity of our
nation's waters.
For an excellent overview of the issues, visit the American Rivers website