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Penobscot Nation v. Georgia-Pacific Corp.

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. D. Brock Hornby, U.S. District Judge]

The appellants in this case, the Penobscot Nation and the Passamaquoddy Tribe (“the Tribes”), occupy tribal lands in Maine. The corporate appellees–Georgia-Pacific Corp., Great Northern Paper, Inc., and Champion International Corp. (“the companies”)–operate pulp and paper mills that discharge waste water in rivers near or flowing through the Tribes’ reservations. A dispute developed between the Tribes and the State of Maine as to the regulation of waste water discharge under the Clean Water Act, 33 U.S.C. �� 1342(b), 1377 (1994).

Concerned that the Tribes would seek to regulate their activities, the companies requested that the Tribes turn over broad categories of documents bearing on such (potential) regulation, including efforts by the Tribes to secure authority to regulate and pertinent agreements between the Tribes and federal agencies. The companies’ demand, made on May 10, 2000, was based on Maine’s Freedom of Access Act (“the Maine Access Act”), Me. Rev. Stat. Ann. tit. 1 �� 401- 10 (West 1989 & Supp. 2000). Under Maine law, the Tribes are regulated in certain respects as municipalities, and municipalities are covered by the Access Act.

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