In re North East Materials Group LLC Act 250 JO 5-21 (Russell Austin, Pamela Austin, Julie Barre, Marc, Marc Bernier, Appellants)

Eaton, J.,

¶ 23. dissenting. In my view, the Environmental Division followed this Court’s remand instructions and issued a ruling supported by the law and the evidence. In reversing the Environmental Division’s decision, the majority — despite stating otherwise — effectively collapses the established two-part substantial-change test and places the burden on North East Materials Group (NEMG), contrary to our law, to prove that its challenged rock-crushing operations are not a substantial change to the preexisting development. Accordingly, I respectfully dissent.

¶ 24. The majority faults the…