An Act to Allow Citizen Oversight of Department of Environmental Protection and Department of Marine Resources Actions and Rulemaking
Maine Legislature, Session 131, LD 1776
Committee: State and Local Government
Sponsors: WORTH, DHALAC, HOBBS, MILLIKEN, MURPHY, SARGENT
Amends: 5 MRSA §9065

Legislative Document
No. 1776
H.P. 1139
House of Representatives, April 25, 2023
An Act to Allow Citizen Oversight of Department of Environmental 
Protection and Department of Marine Resources Actions and 
Rulemaking
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative WORTH of Ellsworth.
Cosponsored by Representatives: DHALAC of South Portland, HOBBS of Wells, MILLIKEN 
of Blue Hill, MURPHY of Scarborough, SARGENT of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §9065 is enacted to read:
§9065.  Public oversight
1. Public oversight.  Notwithstanding the provisions of this chapter, a person in the 
State may exercise oversight of agency actions and rulemaking under this section.
2. Petition. Any person in the State may petition the Department of Environmental 
Protection, the Department of Marine Resources or the Attorney General, as a named 
person or anonymously through a process developed by the Attorney General in 
cooperation with the Department of Labor for the protection of whistleblowers or 
anonymous complainants who demonstrate a need for protection, to enforce a law 
regarding the Department of Environmental Protection or the Department of Marine 
Resources, to enforce or amend a Department of Environmental Protection or Department 
of Marine Resources rule or to intervene in a rule-making or enforcement proceeding of 
the Department of Environmental Protection or the Department of Marine Resources that 
protects or conserves a natural resource, the environment, public health or freedom of 
information, including the common law. A petition under this subsection must set out a 
sufficiently specific allegation supported by facts that provide reasonable cause to believe 
an investigation or a new rule implementing existing law is warranted. If after 60 days of 
receipt of the petition, except in the case of likely more immediate irreparable harm under 
subsection 3, the Department of Environmental Protection, the Department of Marine 
Resources or the Attorney General has not responded to the petition, the person may bring 
an action in the appropriate court to enforce the law or rule or provide relief in law or equity 
under the law or rule.
3. Irreparable harm. If irreparable harm to the person, the natural resource, the 
environment, public health or freedom of information under subsection 2 is likely to occur, 
the petitioner may file an action as soon as possible and the court shall schedule a hearing 
on the petition in a timely manner and grant standing to the petitioner under this section. 
4. Attorney's fees and expert witness fees.  If a petition under subsection 2 survives 
a motion to dismiss or the period of time in which a motion to dismiss is required to be 
filed, the court shall award the petitioner initial reasonable attorney's fees, expert witness 
fees and costs. If final judgment favors the petitioner, the court shall award complete 
reasonable attorney's fees, expert witness fees and costs for any portion of the judgment 
that favors the petitioner.
5. Notice of rulemaking or issuance of permit.  The Department of Environmental 
Protection or the Department of Marine Resources shall notify the public of a proposed 
rule under Title 12, section 6191 or Title 38, section 341-H or the processing of a permit 
application under Title 12, chapter 605, subchapter 2 or Title 38, section 344, describing 
the scope and timing of any deliberative proceeding and the process of applying for 
financial assistance under subsection 6. 
6. Financial assistance for participation in deliberative proceedings. The 
administrator under subsection 8 shall budget and award sufficient funds from the fund 
under subsection 8 to ensure the participation of a person in the State responding to or 
participating in a rule-making activity or processing of a permit application, except for the 
applicant, to pay the expenses of legal services, expert witnesses and other costs reasonably 
related to participation and providing testimony to a deliberative proceeding noticed under 
subsection 5. The administrator under subsection 8 shall pay funds to a person who has 
provided legal opinion or expert testimony or who has otherwise participated in a 
deliberative proceeding noticed under subsection 5, except that the administrator may limit 
an award under this subsection and subsection 7 that covers the reasonable expenses 
concerning each point of contention to avoid a redundant fee award.  This limitation may 
be subject to interlocutory appeal to the appropriate court.
7. Fee awards for administrative appeals or judicial review.  The administrator 
under subsection 8 shall pay from the fund under subsection 8 initial attorney's fees, expert 
witness fees and other reasonable expenses to a petitioner under an appeal or agency action  
under this subchapter or judicial review of agency action under subchapter 7 that has a 
reasonable evidentiary and legal basis and that survives a motion to dismiss or the period 
in which a motion to dismiss is required to be filed.  If the ruling or judgment grants relief 
to the petitioner, the administrator under subsection 8 shall award reasonable attorney's 
fees, witness fees and related costs to the petitioner from the fund under subsection 8.
8. Fund for Oversight.  The Fund for Oversight is established to provide for attorney's 
fees, expert witness fees and reasonable expenses under this section. The fund is 
administered by an administrator, appointed by the Governor for a period of 4 years.  The 
administrator may impose fees on a person licensed or holding a permit under this Title 
that allows the person to pollute the air, water or land or engage in consumptive commercial 
use of natural resources of the State based upon the extent of consumptive or detrimental 
use or pollution the license or permit allows and sufficient to cover the reasonable expenses 
of the fund, the Department of Environmental Protection and the Department of Marine 
Resources in issuing, overseeing and enforcing each permit and ensuring a reasonable 
balance in the fund to fulfill the purposes of the fund, as determined by the administrator.  
The fund is funded by appropriations, allocations, public and private sources and fees 
imposed under this subsection.  The fund is interest-bearing, and interest earned by the fund 
is credited to the fund.  The fund does not lapse but carries over to the next fiscal year.  
Funds in the fund must be used to pay fees under subsections 6 and 7 and the cost of 
administration of this section.
SUMMARY
This bill allows a person in the State to anonymously petition the Department of 
Environmental Protection, the Department of Marine Resources or the Attorney General to 
enforce a law regarding either department or to enforce or amend a rule of either department 
that protects or conserves a natural resource, the environment, public health or freedom of 
information, including the common law. If either department or the Attorney General does 
not respond, the person may bring an action in court and win attorney's fees, expert witness 
fees and other reasonable costs in certain circumstances.  The bill also creates a fund for 
oversight administered by an administrator appointed by the Governor to pay the legal 
expenses, expert witness fees and other costs for people not seeking a permit for 
commercial use but seeking to enforce a law or enforce or amend a department rule by 
participating in adjudicatory and judicial proceedings regarding agency rulemaking and 
issuance of licenses and permits.