Covanta Maine, LLC v. Public Utilities Commission

ALEXANDER, J., with whom LEVY, J., joins,

dissenting.

[¶ 20] In this appeal, the Court vacates the decision of the Public Utilities Commission (the Commission) by characteriz*966ing descriptive findings of fact as conclusions of law and applying a clarification of law that took effect after this appeal was argued to hold that the Commission erred, as a matter of law, in making its findings of fact based on the record and the law as it existed in 2010. From the Court’s abandonment of sound principles of deferential appellate review, I respectfully dissent.

[¶ 21] On this appeal, Covanta bears the…