Passadumkeag Mountain Friends v. Board of Environmental Protection

Summary

The court held that the Board's decision, rather than the Department's decision, was the operative decision for appellate review because the Board independently reviewed the record and made its own factual findings. It upheld the Board's permit decision because the findings were supported by substantial evidence and the Board properly exercised its discretion in weighing the statutory scenic-impact criteria. The court also held that the challenged communications did not violate due process because the Cupraks had an opportunity to participate and showed no substantial harm or fundamental unfairness.