Maine

(information last updated Fall 2017)

Ongoing Projects:

State Project:

The Maine Department of Environmental Protection (DEP) runs a volunteer water quality monitoring program: the Volunteer River Monitoring Program (VRMP).  See Volunteer River Monitoring Program, Maine Dep’t of Envtl. Protection, https://www1.maine.gov/dep/water/monitoring/rivers_and_streams/vrmp/index.html (last visited Apr. 10, 2017).  We were unable to find statutory authority for VRMP, which DEP appears to have created on its own initiative after a “2007 report assessed the need for a statewide citizen-based monitoring program and demonstrated the benefits of such an initiative.”  Id.

Trespassing Laws:

Criminal Liability for Trespass Despite Lack of Notice:

No.  In order for entry upon property to constitute criminal trespass, the property must be “posted . . . in a manner reasonably likely to come to the attention of intruders or . . . [be] fenced or otherwise enclosed . . .”  Me. Rev. Stat. tit. 17-A § 402.

Stalking Laws:

Criminal Law:

“A person is guilty of stalking if:

    A. The actor intentionally or knowingly engages in a course of conduct directed at or concerning a specific person that would cause a reasonable person:

        (1) To suffer serious inconvenience or emotional distress;

        (2) To fear bodily injury or to fear bodily injury to a close relation;

        (3) To fear death or to fear the death of a close relation;

        (4) To fear damage or destruction to or tampering with property; or

        (5) To fear injury to or the death of an animal owned by or in the possession and control of that specific person.”  Me. Rev. Stat. tit. 17-A § 210-A.

Use of Information:

Although incomplete, our research has not found any provisions relating to the use of information collected by citizens in enforcement or administrative/legislative actions.

Evidentiary Standards:

Pleading a Claim:

Requires certification that there “is good ground to support” the claim.  Me. R. Civ. P. 11.

Authentication or Chain of Custody:

 

“To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.”  Me. R. Evid. 901.

Expert Testimony:

Searles standard, which is a derivative of the Daubert standard.  See Searles v. Fleetwood Homes of Pennsylvania, Inc., 878 A.2d 509, 515–516 (Me. 2005).

Discussion

Please note that this discussion is not moderated by the Emmett Environmental Law & Policy Clinic.