AG: DEP commissioner 'unqualified'
The Attorney General has deemed Maine's new Department of Environmental Protection Commissioner Darryl Brown unqualified for the post, unless he can produce more information to prove he does not have a conflict of interest.
As a result, Gov. Paul LePage announced this morning that Brown will move from the DEP to become director of the State Planning Office, according to a press release. The announcement follows a statement released today by Maine Attorney General William Schneider, which said said "in the absence of new information, it appears you [Brown] are unqualified to serve as Commissioner of the Department of Environmental Protection under Maine law." The Clean Water Act prohibits people from directing an agency if they have received more than 10% of their annual income over the previous two years from water pollution permit holders. Brown is owner of Main-Land Development Consultants, an engineering and land-planning company in Livermore Falls that helps developers get permits from the DEP, though he stepped down as president before taking the DEP post. Last week, Brown's attorney, Clint Boothby, wrote a letter to Schneider and the U.S Environmental Protection Agency stating that although Brown's income "is not derived directly from a permit holder...the fact that income from permit holders is received by Main-Land may trigger the 10% conflict threshold." The EPA launched an informal investigation into Brown last month.
Schneider said Brown needed to produce documentation to prove he does not have a conflict of interest or "take other action to resolve this matter," according to the statement. But Boothby expressed concern over releasing more information about the company's clients and revenue information, saying it could damage the company if that information becomes part of the public domain.
Main-Land is the lead consultant and permitting agent for Black Bear Entertainment, which intends to build a casino in Oxford. Brown has recused himself from all matters related to the casino project. The Androscoggin River Alliance recently appealed that project's DEP permits, citing in part a conflict of interest on Brown's part.
Jim Brooks, director of the Bureau of Air Quality, will serve as Acting DEP Commissioner, according to the press release from LePage's office.
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