Blog Posts: Environmental and Energy Law Update
Visit the Full BlogThe 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.
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...
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...
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...
Federal and State Funds to Support Maine Climate Action Plan’s Transportation and Broadband Goals
Last week, the Maine Governor’s Energy Office (GEO) and Office of Policy Innovation and the Future jointly presented to the Legislature’s Energy, Utilities, and Technology (EUT) Committee a report outlining a four-year funding plan for Maine’s climate action plan. As required by 38 M.R.S. § 576‑A, Maine’s climate action...
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...
Verrill Attorney Gordon Smith Comments on Lawsuit Claiming Ownership of Maine Coastal Property
A group of beachgoers and seaweed harvesters have filed a new lawsuit against several Maine coastal property owners, attempting to overturn centuries of private ownership of intertidal land. The plaintiffs in the lawsuit are pitching the unsupported idea that there is a legitimate debate about the legal framework for...
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...
Task Force Releases Report on Modernizing Maine’s Electric Grid
On April 14, 2020, the Nature Conservancy and The Great Plans Institute announced the final report of the Maine Utility Regulatory Reform and Decarbonization Initiative (MURRDI) which outlines a series of steps Maine can take to modernize its electric grid in order to achieve the state’s climate action goals...
Verrill Attorneys Present on Issues in Maine Energy and Electric Utility Regulation
The energy and environmental landscape is constantly evolving. On Thursday, April 22, 2021, Halfmoon Education Inc. presents a full-day, virtual program, "Issues in Maine Energy and Electric Utility Regulation," which will highlight the current state of the industry and regulations in the state of Maine. During the program, Verrill...
Virtual “Eggs & Issues”: Jim Cohen Interviews U.S. Senator Susan Collins
On March 10, Verrill partner Jim Cohen moderated a virtual “Eggs & Issues” business forum with US Senator Susan Collins (R-Maine). The March forum, hosted by the Portland Community Chamber of Commerce , covered a range of timely topics, including rural broadband and infrastructure improvements, federal pandemic relief, the...
Maine Public Utilities Commission Invites Net Energy Billing Report Comments
Yesterday, the Maine Public Utilities Commission issued a request for comments related to the MPUC’s Net Energy Billing Report to the Legislature. The Commission broadly invited any interested person to submit information or comments “that may be relevant to the NEB report to the Legislature. In particular, the Commission...
MPUC Issues Order Setting Forth “Discrete Electric Generating Facilities” Safe Harbor
Today, the Maine Public Utilities Commission (MPUC) issued an Advisory Ruling establishing a safe harbor for the determination whether a generation facility is a Discrete Electric Generating Facility for the purposes of qualifying for the MPUC’s Net Energy Billing and Distributed Generation Programs. This safe harbor helps clarify when...
MPUC Adopts Safe Harbor for Determination of “Discrete Electric Generating Facilities,” a Qualification for Net Energy Billing and Distributed Generation Programs
Yesterday, all three Maine Public Utilities Commission Commissioners agreed to adopt a new standard for the determination of what facilities qualify as “discrete electric generating facilities” under the MPUC’s Distributed Generation and Net Energy Billing rules. This has been an issue of significant concern among developers given the ambiguity...
Maine Law Court Holds Citizen's Initiative Cannot Block CMP's NECEC Transmission Line
Yesterday, the Maine Law Court deemed unconstitutional a ballot initiative to overturn the Maine PUC’s approval of the transmission line known as the New England Clean Energy Connect (NECEC). The Court’s holding in Avangrid Networks, Inc. v. Sec’y of State , has potentially wide-ranging implications for Maine’s administrative and...
Verrill Helps State’s Largest Solar Project Obtain Principal Environmental Permit
The 100-megawatt Three Rivers Solar Project in Hancock County, Maine has obtained its combined Site Law and Natural Resources Protection Act permit from the Maine Department of Environmental Protection. Three Rivers Solar will become the largest solar project in the state, twice the size of the next largest facility...
Verrill’s Jim Cohen to Moderate Portland Chamber’s “Eggs & Issues” Discussion with Key State Officials regarding COVID-19
On Wednesday April 8, Verrill attorney and Portland Community Chamber of Commerce president James Cohen will moderate the Portland Chamber’s first-ever “virtual” Eggs & Issues on the subject of Maine’s response to the COVID-19 crisis. For the past 35 years, the Portland Chamber’s monthly business breakfast has been a...
COVID-19 Alert: State of Maine and City of Portland Issue Orders to Close Non-essential Businesses; Utility Services to Continue
On Tuesday March 24, 2020, both the City of Portland and the State of Maine issued comprehensive new limitations on business establishments in order to further limit the spread of the coronavirus. Both actions were aimed at limiting the operation of non-essential business and government operations, and continuing to...
COVID-19 Alert: Massachusetts Closes “Non-essential” Businesses; Utility Services to Continue
The response to COVID-19 by states across the U.S. has continued to evolve rapidly. In Massachusetts, due to growing concerns over the spread of coronavirus, Governor Charlie Baker issued a “ shelter in place” order that went into effect March 24, 2020 at noon and runs until April 7...
Maine’s COVID-19 Response Impacts Utility Services and Other Business Activities
Like many states, Maine is quickly imposing a wide range of measures designed to protect the public in response to the spread of the coronavirus, COVID-19. Almost daily, Maine Governor Janet Mills and other state agencies have announced new measures. On Sunday, March 15, Governor Mills issued a Proclamation...
Recent Maine Legislation Triggers Amendment to PUC Consumer Protection Rules
Last year, the Maine Legislature enacted three bills requiring amendments to the Public Utilities Commission (PUC) Rules in Ch. 815: Consumer Protection Standards for Electric and Gas Transmission and Distribution (T&D) Utilities . Last month, on February 5, 2020, the PUC issued an Order amending Ch. 815, effective February...
Maine PUC Issues Distributed Solar Procurement Announcement
The Maine PUC, in partnership with its consultant Enel X, has issued a procurement announcement for the first block of distributed generation under Maine’s distributed generation law passed last summer . The procurement is open to projects of 5 MW AC or less. In total, the Maine PUC may...
Maine PUC Issues Report Analyzing the Costs and Benefits of “Public Power” in Maine
Last week, the Maine PUC submitted to the Maine Legislature its Report , authored by London Economics International (LEI), on the costs and benefits of requiring the State of Maine to take over Central Maine Power and Emera Maine and hire a private contractor to operate Maine’s electric grid...
Maine Solar Boom: Over 1.5GW of Distributed Solar Capacity in the Queue
According to the latest interconnection queues for distributed generation projects published by Maine’s two investor-owned utilities, CMP and Emera Maine , more than 1.5GW of solar capacity is currently proposed for interconnection to Maine’s electric grid. Almost all of the projects are less than 5MW in size, the capacity...
First Circuit Acts on Appeal by South Portland Pipeline Company
On January 10, 2020, the U.S. Court of Appeals for the First Circuit acted on the Portland Pipe Line Corporation’s (PPLC) appeal of the district court order upholding a South Portland zoning ordinance that prohibits the bulk loading of crude oil onto marine vessels. Portland Pipe Line Corp. v...
Maine Energy Storage Commission Issues Report to Legislature
The Commission to Study the Economic, Environmental and Energy Benefits of Energy Storage to the Maine Electricity Industry has issued its report to the Legislature. The Commission unanimously agreed on the benefits of energy storage, making the following four findings: Energy storage has the potential to reduce costs and...
Jim Cohen Addresses Maine Chamber Symposium About Risks of Public Power
On January 6, 2020, longtime Verrill partner and energy lawyer Jim Cohen appeared at a legislative symposium hosted by the Maine Chamber of Commerce and spoke on the topic, “ Creation of a State-Run Power Authority: Promises vs. Realities .” Cohen’s presentation outlined the substantial risks associated with Maine...
Maine Adopts Amended Net Energy Billing Rules, New Commercial NEB Tariff Rate
Recent legislation amending the net energy billing (NEB) rules to include a tariff rate program specifically for commercial customers and directing the Maine Public Utilities Commission (PUC) to procure distributed generation, has prompted a flurry of PUC rule changes in the past months. See P.L. 2019, ch. 478 (LD...
Beneficial Electrification and Natural Gas Bans in New Buildings, Affordable Sustainability
Transmission and distribution (T&D) utility customers have often been understood to care most about two things: reliability and cost—usually, but not necessarily in that order. Climate change and the public’s interest in mitigating it, have begun to change that conventional thinking. The ongoing beat of public climate change advocacy...
The 7th Annual Maine Natural Gas Conference
This past Thursday, October 3, 2019, representatives of regional natural gas distribution companies, energy regulators and attorneys, and renewable energy advocates gathered to discuss the current and future roles of natural gas in our energy industry. Topics ranged from gas-fired generation of electricity, potential future uses of natural gas...
Recent Maine Legislation Bolsters Solar, Distributed Generation
This past legislative session in Maine saw a flurry of renewable energy legislation, including two laws reforming and expanding the net energy billing (NEB) program. This blog briefly charts these two developments in the NEB program. P.L. 2019, ch. 16 (LD 91) ends annual, step-down of kWh credits for...
Page 2 of 7
