Blog Posts: Environmental and Energy Law Update

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

U.S. Environmental Protection Agency Proposes National Drinking Water Standard for Six PFAS Compounds

On March 14, 2023, the U.S. Environmental Protection Agency (“EPA”) announced a proposed National Primary Drinking Water Regulation (NPDWR) for six per- and polyfluoroalkyl substances (“PFAS”). PFAS are a category of manufactured chemicals that have been widely used in a variety of industries and consumer products since the 1940s...
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Crisis emerges in Maine over safe disposal of biosolids from wastewater treatment plants

Maine wastewater treatment plants are currently facing intense challenges concerning disposal of their sewage sludge , also called “biosolids.” This is a fast-moving issue getting significant coverage in the media and substantial attention from state officials and legislators. The crisis recently emerged into the public eye when the state-owned...
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Maine PUC Asked to Fix “Leapfrogging” Problem Triggered by 2022 Changes to Maine’s Generator Interconnection Rule

The Maine Public Utilities Commission is currently considering whether to commence a formal emergency rulemaking process to amend Chapter 324 of its rules governing generator interconnections. The purpose of the rulemaking would be to correct a growing problem whereby smaller “Level 2” interconnection projects are able to “leapfrog” larger...
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Maine PUC to Kick Off Review of Grid Plan to Assist Clean Energy Transition

Last month, the Maine Public Utilities Commission initiated a proceeding to identify the priorities to be addressed in an electric grid plan that will assist Maine in the “cost-effective transition to a clean, affordable, and reliable electric grid.” A link to the order can be found here . This...
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Verrill Partner Mat Todaro selected to serve on the American Bar Association’s Section on Environment, Energy, and Resources 2022 Fall Conference Planning Committee

Earlier this year, Verrill Partner Mat Todaro was selected by American Bar Association leadership to serve on the 2022 Fall Conference Planning Committee for its Section on Environment, Energy, and Resources. In this role, Mat led the development of a high-profile national panel discussing the latest regulatory and litigation...
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Verrill Alum Bill Harwood Sworn in as Public Advocate for State of Maine

On January 26, 2022, Maine Governor Janet Mills swore in Bill Harwood as Public Advocate for the State of Maine. Bill was unanimously confirmed by the Maine State Senate and the Legislature’s Joint Standing Committee on Energy, Utilities and Technology. Prior to becoming Public Advocate, Bill Harwood worked as...
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Verrill Alumni Bill Harwood Nominated as Public Advocate for the State of Maine

On December 15, 2021, Maine Governor Janet Mills announced the nomination of former Verrill attorney Bill Harwood as Public Advocate for the State of Maine. Harwood has a four decades-long career in energy and utilities law, and he currently serves as Senior Advisor for Regulatory Affairs within the Governor’s...
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Maine PUC Releases Report on Evolution of Electrical Grid to Meet Climate Goals

On December 1, 2021, the Maine PUC released a Report on the first phase of its investigation into necessary design and operational changes to the electrical distribution grid to facilitate the State’s clean energy goals. In February of 2020, the PUC initiated this investigation in response to recent legislation...
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Incidental Take of Migratory Birds Prohibited Once Again as New MBTA Rule Becomes Effective

A U.S. Fish and Wildlife Service (“FWS”) final rule that presumptively reinstates liability for incidental take under the Migratory Bird Treaty Act (“MBTA”) becomes effective on December 3. The new rule revokes a Trump-era regulation that had limited the scope of the MBTA to intentional take, such as hunting...
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Environmental Protection Agency’s PFAS Roadmap

Last week, the U.S. Environmental Protection Agency (“EPA”) announced its PFAS Strategic Roadmap. PFAS are a class of per- and polyfluoroalkyl substances that have been used in a wide variety of industries since the 1940s and are still in use today. PFAS have been detected in surface water, groundwater...
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Geoff Why to Moderate "The Future is Now: 5G Wireless Networks"

On October 26, Verrill telecommunications attorney Geoffrey Why will be moderating the virtual event, “The Future is Now: 5G Wireless Networks,” hosted by The Maine State Chamber of Commerce. The Wireless Summit will explore how wireless technology will be integral to providing high speed broadband access in rural, suburban...
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New Maine Law Regarding Decommissioning for Solar Projects

Solar Panels
Maine’s new solar decommissioning law takes effect October 18 and applies to projects that have not commenced construction by October 1, 2021. The law requires solar projects that occupy an area of three or more acres to have a DEP (or LUPC if LUPC is the permitting entity) approved...
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Jim Cohen Appointed to Northern New England Passenger Rail Authority

On April 22, the Maine State Senate unanimously confirmed the nomination of Jim Cohen to the board of the Northern New England Passenger Rail Authority (NNEPRA). NNEPRA oversees the day-to-day operations of the Amtrak Downeaster and works to improve transportation, safety, and the economy of Maine. Prior to joining...
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Jim Cohen Interviews Maine Governor Janet Mills on “Eggs & Issues”

After two years as host of “Eggs & Issues,” the monthly business breakfast of the Portland Community Chamber of Commerce, Jim Cohen concluded his twentieth appearance with an hour-long interview of Maine Governor Janet T. Mills. During the virtual interview, Governor Mills touched on topics ranging from broadband connectivity...
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Maine Legislature Adopts Major Revision to Its Net Energy Billing Program

On July 1, 2021, LD 936, An Act To Amend State Laws Relating to Net Energy Billing and the Procurement of Distributed Generation became law after Maine Governor Janet Mills allowed the legislatively enacted bill to go into effect without her signature. Because the bill was not adopted on...
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Patrick Scully Nominated to Maine PUC

On May 24, Governor Janet Mills nominated attorney Patrick Scully , who was most recently the Chief Executive Officer of Bernstein Shur, to serve a six-year term on the Maine Public Utilities Commission. For over 36 years, Scully focused on municipal, energy, and utility regulations and has significant experience...
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Prop 65: Will the “Short-Form” be Short Lived?

Enacted as part of the Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65 (“Prop 65”) requires businesses with ten or more employees that sell products in the state of California to provide notice to consumers of health risks that are associated with certain chemicals if contained...
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News

Verrill Partner Geoffrey Why Named One of Boston’s Most Influential Asian American Pacific Islanders 2023

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Maine PUC to Kick Off Review of Grid Plan to Assist Clean Energy Transition

Last month, the Maine Public Utilities Commission initiated a proceeding to identify the priorities to be addressed in an electric grid plan that will assist Maine in the “cost-effective transition to a clean, affordable...

Blog

U.S. Environmental Protection Agency Proposes National Drinking Water Standard for Six PFAS Compounds

On March 14, 2023, the U.S. Environmental Protection Agency (“EPA”) announced a proposed National Primary Drinking Water Regulation (NPDWR) for six per- and polyfluoroalkyl substances (“PFAS”). PFAS are a category of manufactured chemicals that...

Blog

Verrill's Jim Cohen To Speak on Past and Future of Maine’s Electric Grid at 2023 Winter Bar Conference

Verrill partner Jim Cohen will be presenting at the Maine State Bar Association’s Winter Bar Conference 2023, on Friday, January 27, in Portland. Cohen’s presentation, The Past and Future of Maine’s Electric Grid...

Blog

Four Verrill Attorneys Recognized by Chambers & Partners for Energy and Environmental Law in Maine

Verrill attorneys Juliet T. Browne, James I. Cohen, Gordon R. Smith, and Mathew J. Todaro were recently recognized for energy and environmental law in Maine in the 2022 Chambers & Partners Guide . Chambers...

Blog

Maine PUC Asked to Fix “Leapfrogging” Problem Triggered by 2022 Changes to Maine’s Generator Interconnection Rule

The Maine Public Utilities Commission is currently considering whether to commence a formal emergency rulemaking process to amend Chapter 324 of its rules governing generator interconnections. The purpose of the rulemaking would be to...

Blog

Verrill Partner Mat Todaro selected to serve on the American Bar Association’s Section on Environment, Energy, and Resources 2022 Fall Conference Planning Committee

Earlier this year, Verrill Partner Mat Todaro was selected by American Bar Association leadership to serve on the 2022 Fall Conference Planning Committee for its Section on Environment, Energy, and Resources. In this role...

Blog

Georgetown Broadband LLC Secures Utility Pole Attachment Authorization for Community Broadband Project

On February 17, 2023, Georgetown Broadband LLC (GBLLC) became the latest community broadband entity to receive pole attachment authorization from the Maine Public Utilities Commission (PUC) to deploy a fiber broadband network. GBLLC began...

Blog

Crisis emerges in Maine over safe disposal of biosolids from wastewater treatment plants

Maine wastewater treatment plants are currently facing intense challenges concerning disposal of their sewage sludge , also called “biosolids.” This is a fast-moving issue getting significant coverage in the media and substantial attention from...

Publication/Podcast

New Rules for Apprentices on Energy Projects Come with Uncertainty for Contractors and Developers

On January 1, 2021, a new law went into effect setting benchmarks for use of apprentices on energy generation facility construction projects. Enacted in 2019, the law was part of “An Act to Establish...

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