Articles filed under Legal from Maine
LePage’s spokeswoman said her office cannot comment on pending litigation. But in announcing the executive order last month, the governor said steps were necessary to protect Maine’s scenic beauty from “out-of-state interests … eager to exploit our western mountains in order to serve their political agendas.”
The 2011 contract required the wind power companies to act in good faith to finalize the sale to the cooperative of a 12.54-mile section of transmission line connecting two wind farms ...The parties had agreed that the three wind farms would pay for costs, including repairs and upgrades to the line, which is standard in the industry, the release said. The final contract was never signed.
PORTLAND, Maine — Maine’s top court struck down a joint venture among Emera Maine’s parent company and two power generators in a ruling Thursday that leaves open many questions about financial relationships between companies that supply power and those that transmit and distribute it.
At issue was whether the turbines would impinge on the scenic views from nine nearby lakes. Regulators had to weigh two competing aspects of state law: a developer’s right to build a wind farm in a designated zone, and the public’s right to enjoy views unmarred by turbine blades.
The Court upheld the Board of Environmental Protection's (BEP's) conclusion that the project's sixteen turbines would have "an unreasonable adverse effect on the scenic character and existing uses related to the scenic character” of nine of the lakes which the State recognizes as "Scenic Resources of State or National Significance".
The state high court overturned a lower court ruling Thursday that had chastised the Department of Environmental Protection’s commissioner for loosening noise requirements for the island’s wind turbines.
An environmental group that has battled against the Bingham Wind Project in Somerset County has abandoned its appeal of the state licensing of the project, clearing the last regulatory hurdle in the way of construction of the $398 million project.
A federal judge has rejected challenges to federal permits for a 50-turbine wind farm in Oakfield that broke ground in September and shipped components to Searsport on Monday.
Shortly after the Maine Supreme Judicial Court decided that Julie and Peter Beckford had filed their appeal to stop a permitted wind farm on nearby Pisgah Mountain five days too late, the two Rebel Hill Road farmers filed another appeal asking for reconsideration. On Thursday, the supreme court denied the Beckfords’ motion for reconsideration.
“Because the Beckfords did not file their appeal with the Superior Court within the time required [by law], the court did not have jurisdiction over the matter,” wrote Justice Jeffrey Hjelm in the court’s decision. “Consequently, we vacate the judgment.”
A five-year fight by residents living near the Fox Islands Wind project on Vinalhaven got a high-stakes airing on Tuesday, as the Maine Supreme Judicial Court heard an appeal dealing with state noise regulations for wind turbines.
On Dec 9th, Maine Law Court to hear our case on wind turbine noise violations … live streaming available
Attorney Gerald Reid, who represented the DEP, said Tuesday that state law specifically prohibits judicial review of the enforcement of a final agency rule. Instead, Reid said the wind farm neighbors should have appealed to the Board of Environmental Protection, a citizens’ panel, or filed a nuisance lawsuit against Fox Islands in court.
An appeal filed by an area resident opposing the Bingham wind project has been dismissed by the Board of Environmental Protection. Blue Sky West, the project developer, had filed a motion to dismiss.
Houlton Water Co. wants the state’s top court to review and throw out regulators’ approval of a $333 million joint venture by Emera and First Wind that would help the wind developer finance a number of wind farms in Maine.
Maine’s Supreme Judicial Court has allowed a 14-turbine wind farm on Passadumkeag Mountain to move ahead in a decision clarifying that the citizen-led Board of Environmental Protection has a broad power to review the decisions of state regulators.
Friends of Maine’s Mountains, an environmental advocacy group, filed one of two appeals this week with the state Board of Environmental Protection. The other was filed by an individual, Alice McCabe Barnett, who has filed petitions opposing the project in the past.
A group opposed to wind power developments in Maine and a private citizen have filed separate appeals of the largest project in the state, putting further delays in front of First Wind’s 62-turbine project in Bingham.
Controversy has trailed the project since Maine Department of Environmental Protection Commissioner Patricia Aho in November 2012 rejected the developers’ permit application based on her assessment that a wind farm would adversely affect the scenic character of the region, specifically near Saponac Pond. In 2013, the Board of Environmental Protection voted twice to overturn Aho’s decision.
The Maine Public Utilities Commission voted 2-1 Tuesday to allow Emera Maine’s parent company to invest $333 million through a joint venture with wind farm developer First Wind, a deal that was sent back to the commission for further review after a Maine Supreme Judicial Court decision.