Penobscot Nation v Maine Department
of Environmental Protection
— Hearing and Rally on Friday, July 18th
at Penobscot County Superior Court
Penobscot Nation and Conservation Law Foundation are bringing the Maine Department of Environmental Protection to Superior Court on Friday, July 18th, appealing the department’s ruling that an expansion of the Juniper Ridge Landfill in Old Town adheres to “public benefit” and Environmental Justice criteria. Penobscot Nation and CLF assert the department has sidestepped a statute requiring the equal protection of surrounding communities from waste pollution, including the Penobscot Nation.
Casella Waste Management, the operator of the State-owned Juniper Ridge Landfill (JRL), is currently seeking to expand its footprint by over 30% of its current capacity. JRL is situated in the Penobscot River watershed between Pushaw Stream and Birch Stream, both of which flow into the Penobscot River in close proximity to the Penobscot Nation reservation. The Penobscot River is an enrolled citizen of Penobscot Nation due to her ancient intrinsic relationship to the Penobscot people.
A requirement in Casella’s application process was to ensure the expansion met the “Public Benefit” requirements. In 2022, Maine adopted LD 2018, which requires equity considerations in developmental projects and requires that said projects meet the requirements of “Environmental Justice.”
Despite an overflow of public testimony opposing the JRL expansion by community members from surrounding towns and Penobscot Nation tribal citizens, who all held that the expansion would prove disastrous for the health of their communities, land, water, and air, the Maine Department of Environmental Protection (DEP) asserted in their decision to approve the expansion that: “The Department finds that expansion of JRL is not inconsistent with ensuring environmental justice for the community in which the facility is proposed.”
This is the first instance of the Environmental Justice requirement being tested in relation to developments in close proximity to frontline communities, of which the Penobscot people fall under within the state’s definition, which sets a dangerous precedent moving forward.
In response to the DEP’s decision, Penobscot Nation partnered with Conservation Law Foundation (CLF) to file an appeal (Penobscot Nation v Maine DEP) against the DEP for violating Maine State statutes and requirements. Penobscot Nation and CLF will be presenting oral arguments on Friday, July 18th at 1pm at the Penobscot County Superior Court located at 78 Exchange St. in Bangor. There will be a rally for Environmental Justice and the River held outside the courthouse at 12pm.
Penobscot Nation Tribal Council member Maria Girouard stated: “We contend that the expansion cannot meet the standards for a positive Public Benefit Determination because it is unable to ensure environmental justice, or the health, safety, and well-being of impacted communities, and because the DEP decision is inconsistent with the State of Maine’s Solid Waste Management Hierarchy.” She continued, “JRL is a disaster waiting to happen.”
Hearing and Rally for Penobscot Nation and CLF v Maine Department of Environmental Protection:
Penobscot Nation and Conservation Law Foundation will be presenting oral arguments at a hearing on Friday, July 18th at 1pm at the Penobscot County Superior Court located at 78 Exchange Street in Bangor.
The hearing is open to the public. Attendees are asked not to wear shorts.
A rally for the River and Environmental Justice will be held outside the courthouse at 12pm.
Video: Watch this newly produced video:
“Environmental Justice: An Age Old Saga
Penobscot Nation Takes a Stand Against Juniper Ridge Landfill”
Video: “Water Ceremony and Rally Highlights Strong Opposition to Juniper Ridge Landfill Expansion by Penobscot Nation, Neighboring Communities and Allies, May 4th, 2025” ~ watch here
