Environmental and Energy Law Update
        A blog from the attorneys of Verrill

        Maine Department of Environmental Protection Issues Draft Wind Energy Act Rules

        by Juliet T. Browne on November 15, 2017

        After more than a year of pre-rulemaking process including the issuance of two drafts, the Maine DEP has commenced formal rulemaking and today issued draft rules for wind energy developments in Maine. The formal draft largely tracks the most recent pre-rulemaking version issued in January 2017. The draft rules include standards for evaluating scenic impacts, limits on shadow flicker, provisions related to public safety, and requirements for demonstrating significant tangible benefits.

        In many respects, the draft rules codify existing DEP practice. There are several significant departures, however, from current practice.

        1. The new provisions on decommissioning do not allow consideration of salvage value when estimating costs and establishing the required decommissioning fund. The decommissioning fund must be fully funded and in place prior to commencement of construction and must be re-evaluated every two years during the life of the project. This change would substantially increase the costs associated with the required decommissioning fund.
        2. The applicant is required to provide evidence of a power purchase agreement or other evidence demonstrating the intended sale of the project’s output to a third party. The DEP has not previously required evidence of a power purchase agreement and does not generally evaluate the economics of projects it reviews or require a showing that the output (whether an energy project or non-energy development) will be sold to a third party.
        3. The applicant must provide evidence of the project’s effect on electrical rates directly attributable to the project. The impact of any single generation source on electrical rates in Maine is a complex undertaking that requires sophisticated modeling and assumptions about future operation of the electrical grid, future energy mix and prices in the region, and a myriad of other factors. Importantly, in enacting the Wind Energy Act the Legislature made specific findings on the positive effect of wind power on electrical rates and recognized that the environmental review agencies did not have the expertise to evaluate the impact of new generation on electrical rates. As a result, there are no statutory standards related to evaluating the impact of a project on electrical rates.
        4. The safety setbacks from property lines have been increased from the existing standard of 1 ½ times the distance to the tip of the fully extended blade, to 1 ½ times the hub height plus rotor diameter.

        The DEP is holding a public hearing on the draft rule on December 6 at 1:00 PM in Augusta, and is accepting public comment on the draft rule through December 18, 2017.

        If you have further questions, please contact the author directly at jbrowne@verrilldana.com to learn more about the draft rules and the compliance steps that your business should consider.

        Environmental and Energy Law Update

        The Environmental and Energy Law Update blog provides an analysis and discussion of the most critical and timely legal issues and announcements in the environmental, natural resource, and energy sectors.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...
        Blog

        Hurry Up and Wait

        This is the third in a series of Verrill blog posts on Maine’s packaging extended producer responsibility (“EPR”) law[1]. In July we reported...
        Media Mentions

        Robert Keach Discusses First Brands Chapter 11 Case in Law360

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the rejection of First Brands Group's Chapter 11 plan and the...
        Media Mentions

        Cybersecurity and AI Governance: Scott Anderson Featured in Massachusetts Lawyers Weekly

        Verrill Managing Partner Scott Anderson was recently featured in Massachusetts Lawyers Weekly discussing how law firms can build attorney buy-in for...
        Blog

        Section 530A Account Update: ERISA Status of Trump Accounts

        The Department of Labor has issued important guidance addressing whether employer programs that permit contributions to Section 530A accounts (and...
        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...
        Alerts and Newsletters

        SEC’s Proposed “Reg Crypto”: What Founders Need to Know

        Startup founders and emerging-growth companies have a number of options for raising capital under the federal securities laws, including Regulation D...
        Blog

        After 45 Years, the IRS Speaks on DCAP Nondiscrimination Testing – And It’s Good News

        Employers that provide a Dependent Care Assistance Program will be pleased to learn that for the first time in 45 years, the IRS has issued guidance...
        Media Mentions

        U.S. Courts Highlights Annabel Rodriguez’s Journey from Fellow to Mentor

        Verrill attorney Annabel Rodriguez was featured in a recent U.S. Courts article titled “From Fellows to Mentors: Alumni Share Lasting Lessons from...
        Media Mentions

        Robert Keach Discusses Bankruptcy Auction Strategy in Law360

        Verrill attorney Robert Keach spoke with Law360 article examining the complex bankruptcy auction process that resulted in the sale of 23 summer...