AUGUSTA — Attorney General William Schneider’s office said today it would “not be appropriate” for him to issue an opinion on whether or not Department of Environmental Protection Commissioner Darryl Brown is eligible to serve under Maine law at this time.

Schneider, in a letter issued in response to a request from House Democrats, said it was inappropriate to weigh in now because he is helping Brown compose his response to a similar informal inquiry by the U.S. Environmental Protection Agency. That response is due to the federal government on May 1, pushed back from an April 15 deadline.

“The state’s submission to the EPA may effectively answer the questions you have raised,” Schneider wrote. “If you believe that issues remain after the response to the EPA, I will of course consider an opinion request at that time.”

Brown’s eligibility is in question because, according to Maine law, a person may not serve as commissioner if in the two years prior to their appointment they have received at least 10 percent of their income from clients receiving permits through the federal Clean Water Act. Similar language in federal law prompted an environmental group to ask the EPA to begin an informal investigation regarding Brown, who owns an environmental consulting firm.

Brown has said his earnings do not meet the 10 percent threshold.

 

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