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Friends of Boundary v. U.S. Army Corps of Engineers

United States District Court, District of Maine

June 2, 2014

FRIENDS OF THE BOUNDARY, MOUNTAINS, Plaintiff
v.
U.S. ARMY CORPS OF ENGINEERS, ET ALS., Defendants And TRANSCANADA MAINE WIND DEVELOPMENT INC. Intervenor-Defendant.

Plaintiff FRIENDS OF THE BOUNDARY MOUNTAINS represented by LYNNE A. WILLIAMS LAW OFFICE OF LYNNE A. WILLIAMS

Defendant U.S. ARMY CORPS OF ENGINEERS represented by LAUREL A. BEDIG, ROBERT P. WILLIAMS, JOHN G. OSBORN

Defendant LT GEN THOMAS P BOSTICK Commander and Chief of Engineers, U.S. Army Corps of Engineers represented by LAUREL A. BEDIG, ROBERT P. WILLIAMS, JOHN G. OSBORN

Defendant JAY CLEMENT Senior Project Manager, U.S. Army Corps of Engineers, New England District represented by LAUREL A. BEDIG, ROBERT P. WILLIAMS, JOHN G. OSBORN

Intervenor Defendant TRANSCANADA MAINE WIND DEVELOPMENT INC represented by SCOTT D. ANDERSON VERRILL DANA LLP, GORDON R. SMITH VERRILL DANA LLP, JULIET T. BROWNE VERRILL DANA LLP

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

George Z. Singal U.S. District Judge

The United States Magistrate Judge filed with the Court on April 23, 2014, his Recommended Decision (ECF No. 46). Plaintiff filed its Objection to the Recommended Decision on Cross-Motions for Summary Judgment (ECF No. 47) on May 12, 2014. Defendant-Intervenor filed its Response to Plaintiff’s Objection to the Recommended Decision (ECF No. 48) on May 19, 2014. Defendants filed their Opposition to Plaintiff’s Objection to the Recommended Decision (ECF No. 49) on May 29, 2014.

I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in his Recommended Decision, and determine that no further proceeding is necessary.

1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED.

2. It is ORDERED that Defendant’s Cross-Motion for Summary Judgment (ECF Nos. 32/33) is hereby GRANTED.

3. It is ORDERED that Intervenor-Defendant’s Cross-Motion for Summary Judgment (ECF No. 36) is hereby GRANTED.

4. It is ORDERED that Plaintiff’s Motion for Summary Judgment (ECF No. 31) is DENIED.


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