This review will assess whether the appeals court adequately applied Federal Indian Law, when siding with the State of Maine’s claim that no portion of the Penobscot River is within Penobscot territory.
Federal Indian Law “Canons of Construction” are designed to protect federally-recognized Tribes, by siding with the Tribal position if there are ambiguities in the case
The Penobscot Nation adamantly asserts that the Tribe never ceded the Penobscot River under any treaty or the Maine Indian Claims Settlement Act, and that past case law and daily practice of our stewardship supports that position.
The Penobscot Nation views the State's action as an attempted territorial taking, a threat to Penobscot stewardship of the Penobscot River, and as a termination policy of the Tribe's cultural existence within our sustenance fishing waters.
Filmed & Edited by Chek Wingo
Watch: Mini-Lectures on How Disparate State Policies Invite Out of State Waste into Maine and How Landfill Leachate Threatens Health and Environment on the Penobscot River
Hillary Lister, longtime activist on waste impacts in Maine, founder and organizer with Don't Waste ME, speaks prior to the Maine Board of Environmental Protection's consideration of rule changes that seeks to provide protections for communities directly impacted by landfills and waste facilities and to close a loop hole that encourages the importation of out-of-state waste into Maine.
How more stringent waste policies in neighboring states have resulted in the proliferation of out of state waste being imported into Maine. This has resulted in a growing business using Maine's publicly owned landfills and taking advantage of renewable energy credits.
Legally, publicly owned landfills cannot take out-of-state waste, but for years the waste industry has side stepped this with a loop hole that allows for waste from outside the state to be minimally processed once imported and then re-classified as “in-state” waste.
Link to video: https://vimeo.com/457589756
Here we examine the impacts of pollution from the liquid leachate and gas produced at the publicly owned, privately operated Juniper Ridge Landfill in Old Town. Arsenic, mercury, PFAS/PFOS and other chemicals are released into the Penobscot River with limited processing and oversight, impacting the health and environment of neighboring communities in Alton, Argyle, Old Town and the Penobscot Nation.
A petition before the BEP this month asks that the citing and licensing of waste facilities "is not inconsistent with ensuring equal protection and environmental justice for communities where the waste facility is proposed or operating."
As compared to other states, Maine has minimal requirements for testing and pollution control equipment required at wastewater discharge sites disposing of landfill leachate.
Leachate video here: https://vimeo.com/457608974