Legal Opinion

Uliano v. Board of Environmental Protection

Supreme Judicial Court of Maine

Decided August 13, 2009No. Docket: Han-08-643PublishedCited by 12 opinions

1Opinion of the Court

Majority: SAUFLEY, C.J., and CLIFFORD, LEVY, and GORMAN, JJ.

Dissent: ALEXANDER, J.

LEVY, J.

[¶ 1] Anthony and Erin Uliano appeal from a judgment entered in the Superior Court (Hancock County, Cuddy, J.) affirming the Board of Environmental Protection’s order denying their application for a permit to build a pier pursuant to the Natural Resources Protection Act, 38 M.R.S. §§ 480-A to 480-GG (2008).1 The Ulianos raise numerous issues on appeal, including that the scenic and aesthetic uses standard in section 480-D(l) is unconstitutionally vague, that the Board erred in performing the practicable…

2Cases cited31 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  3. Summers v. Earth Island InstituteSupreme Court of the United States · 2009
  4. Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
  5. United States v. BanksSupreme Court of the United States · 2003

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3Cited by12 opinions

  1. Stephen Doane v. Department of Health and Human ServicesSupreme Judicial Court of Maine · 2021
  2. Charles W. Palian v. Department of Health and Human ServicesSupreme Judicial Court of Maine · 2020
  3. Friends of Maine's Mountains v. Board of Environmental ProtectionSupreme Judicial Court of Maine · 2013
  4. Richard Ouellette v. Saco River Corridor CommissionSupreme Judicial Court of Maine · 2022
  5. Tenants Harbor General Store, LLC v. Department of Environmental ProtectionSupreme Judicial Court of Maine · 2011

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