State requests delay in tribal water lawsuit Attorney general asks court for 30-day stay

The state attorney general has asked a judge to delay a lawsuit that two years ago nearly landed tribal chiefs in jail. The stay was requested to allow state officials and representatives of two Maine Indian tribes time to work out a settlement in a long-standing fight over water-quality regulation.

The request comes a week after top state officials, including Gov. Angus King, met with tribal officials in a closed-door meeting at Bangor City Hall. The aim of that meeting, King said, was to seek a way to settle the dispute while ensuring that the Maine Department of Environmental Protection gets the authority to regulate water quality statewide under the federal Clean Water Act.

The Passamaquoddy Tribe and Penobscot Nation opposed the state’s application for authority to issue discharge permits under the act, saying that Maine officials are too beholden to the interests of paper companies.

Out of fear the tribes would try to regulate water quality themselves, three paper companies sought tribal documents related to the issue under the state’s Freedom of Access law. When the tribes did not turn over the documents, the companies went to court and a judge sentenced three tribal governors to jail for not complying with the document law.

The jail sentence was put on hold while the legal wrangling continued. The case, in which the state intervened on the side of the paper companies, ultimately went all the way to the U.S. Supreme Court, which refused to hear it.

The matter is now back before the Maine Superior Court.

On Tuesday, the attorney general asked the court to stay the proceedings for 30 days to allow the state and tribes to work out a settlement. The judge has yet to rule on the motion, which is supported by the paper companies.

“The state … believes that it is in the public interest to grant this motion in that it will promote good will in tribal-state relations during the course of their mutual efforts … to resolve the … dispute,” the motion said.

Attorney General G. Steven Rowe said Wednesday that the purpose of the stay request was to give the state and tribes time to “develop a program that allows [the tribes] to play a useful role” in the pollution regulation process.

The nature of that role will be the topic of discussion of future meetings between state and tribal officials. The next meeting, of officials from the Governor’s Office, Attorney General’s Office, Department of Environmental Protection and the tribes, may be as soon as today, Rowe said.

Given that a delay of only 30 days was requested, Rowe said the parties need to be “diligent in their efforts” but that it will be possible to reach an agreement during that short period of time.

Tribal leaders viewed the court filing as a “bold step” by the attorney general.

“Steve Rowe took courageous action to put tribal-state relations upfront,” said Rick Doyle, governor of the Passamaquoddy Tribe at Pleasant Point. “We’re very appreciative.”

He agreed it was possible that the issue could be resolved within 30 days.

The paper companies also support the settlement talks.

“We’re all in favor of these settlement discussions,” said Matt Manahan, an attorney for Georgia-Pacific Corp. and Great Northern Paper, Inc. International Paper Co. dropped out of the suit last year.