BDN: Maine Supreme Court hears appeal of Passadumkeag wind project approval
EXCERPTS:
The parties fighting BEP approval of the Passadumkeag development argue that the board was wrong for not deferring to the DEP’s factual finding that the project would have an adverse impact on the area.
Part of the confusion for justices Thursday was that the BEP approved the project based on largely the same record upon which the DEP had denied it.
http://bangordailynews.com/2014/09/04/news/penobscot/maine-supreme-...
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Comment
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Comment by Kathy Sherman on September 6, 2014 at 5:54pm
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Brad,
Is there video or transcript of the hearing and/or legislative hearings related to Maine's "wind law"? (aside from testimony re Citizen's petition on nighttime noise). If so, would you link. It is great to get your comments from being there and from the broad perspective of your persistent efforts. Thanks.
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Comment by Brad Blake on September 5, 2014 at 10:48pm
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Yes, Martha, I was there. I have attended every appeal of our groups to the Law Court. Listening to the Justices, it seems like they have a good grasp of the issues. It also seems like they are searching for a way to help us, but it always comes down to narrow rulings based on law. They can't find the gumption to rule the heinous wind law unconstitutional, but always fall back to the adage of "intent of the Legislature". I hope the comment of TruthinMaine that was sent to Michaud's FB page was the lengthy one regarding jobs and economics, which I also posted here on CTFWP website.
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Comment by Martha thacker on September 5, 2014 at 6:10pm
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Did you go Brad? Your comment gives that impression...thank you for taking the time .
I copied and pasted Truth in Maine's comment from the above BDN article to Rep. Mike Michaud's FB page. Probably won't stay up long. Nice to see informative comments even if the BDN continues to transcribe.
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Today was an interesting case, with a lot of parsing of what constitutes proper appeal activity by BEP. One of the justices twice questioned how can the BEP decide the DEP was wrong when BEP never went out in the field, but the DEP Commissioner and staff based their decision, in part, by actually visiting the region.
But, for every line of questioning or statement that seemed to help our side, I heard that dreaded phrase "intent of the Legislature". And several times it was noted that the Legislature has never modified the "wind law". It is so hard to sit there and not stand up and give the justices a rant about how political ideology predisposes all the citizen initiated bills to die in the EUT or ENR committees and plead for the justices to declare the "wind law" invalid. If the Law Court could have been provided with video or even a transcript of that heinous hearing, they would easily see the wrongs that we witnessed and the abuse of the process that happened that day, especially with Mr. Eastler. But they can't and the decision will come down to a narrow, legal scope. Pray that the justices have wisdom.
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Maine Center For Public Interest Reporting – Three Part Series: A CRITICAL LOOK AT MAINE’S WIND ACT
******** IF LINKS BELOW DON'T WORK, GOOGLE THEM*********
(excerpts) From Part 1 – On Maine’s Wind Law “Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine if the law’s goals were met." . – Maine Center for Public Interest Reporting, August 2010 https://www.pinetreewatchdog.org/wind-power-bandwagon-hits-bumps-in-the-road-3/From Part 2 – On Wind and Oil Yet using wind energy doesn’t lower dependence on imported foreign oil. That’s because the majority of imported oil in Maine is used for heating and transportation. And switching our dependence from foreign oil to Maine-produced electricity isn’t likely to happen very soon, says Bartlett. “Right now, people can’t switch to electric cars and heating – if they did, we’d be in trouble.” So was one of the fundamental premises of the task force false, or at least misleading?" https://www.pinetreewatchdog.org/wind-swept-task-force-set-the-rules/From Part 3 – On Wind-Required New Transmission Lines Finally, the building of enormous, high-voltage transmission lines that the regional electricity system operator says are required to move substantial amounts of wind power to markets south of Maine was never even discussed by the task force – an omission that Mills said will come to haunt the state.“If you try to put 2,500 or 3,000 megawatts in northern or eastern Maine – oh, my god, try to build the transmission!” said Mills. “It’s not just the towers, it’s the lines – that’s when I begin to think that the goal is a little farfetched.” https://www.pinetreewatchdog.org/flaws-in-bill-like-skating-with-dull-skates/
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Hannah Pingree on the Maine expedited wind law
Hannah Pingree - Director of Maine's Office of Innovation and the Future
"Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine."
https://pinetreewatch.org/wind-power-bandwagon-hits-bumps-in-the-road-3/
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