- Argued and won case at the Supreme Judicial Court regarding the extension of deadlines under the Wetlands Protection Act and establishing standard of review for Enforcement Orders.
- Handled and won multiple cases at the Appeals Court including case in which the Appeals Court upheld a tuition award against a student who did not have residency in the district while attending the public school and a case in which the Appeals Court upheld the zoning decision of a local board.
Verrill Helps Hancock Solar Project Obtain MDEP Permit, Protect Upland Sandpipers
The 14-megawatt Hancock Solar project in the town of Hancock, Maine has obtained its Site Law permit from the Maine Department of Environmental Protection.
Verrill assisted the project with environmental permitting, which included the challenge of locating the 58-acre array entirely on blueberry barrens that function as prime habitat for upland sandpipers, a threatened species under the Maine Endangered Species Act. Verrill helped negotiate a mitigation package that will preserve a large tract of high-value upland sandpiper habitat near the project site. The 311-acre mitigation parcel will ensure continued nesting grounds for the sandpipers in Maine, which migrate every year from South America to breed. It was also the critical and final step in getting the project permitted.
Project construction is expected to begin in April 2021. The Maine Public Utilities Commission estimates that the project will save Maine ratepayers $4.4 million over 20 years. Hancock Solar is a joint venture between Maine-based Dirigo Solar and Dublin, Ireland-based BNRG Renewables.
Verrill represents Longroad Energy (“Longroad”) on its renewable energy work in Maine. Longroad is a Boston, MA-headquartered renewable energy company that develops and operates wind and solar energy projects throughout North America. Verrill has represented Longroad and its related predecessors in the development, permitting and construction of more than 500 megawatts of renewable energy in Maine. Verrill currently represents Longroad on the development and permitting of a significant number of grid-scale solar energy projects in Maine. Verrill represented Longroad on the successful development and permitting of the Weaver Wind project in Maine, which includes more than 5,000 acres of mitigation land to provide habitat for migratory songbirds.
Swift Current Energy
Verrill represents the 100-megawatt Three Rivers Solar Project in Hancock County, Maine. Verrill assists the project with real estate and environmental permitting work, including negotiation of a protocol to allow the project to proceed while minimizing potential impacts to upland sandpipers, a state-listed threatened species. The project obtained its combined Site Law and Natural Resources Protection Act permit from the Maine Department of Environmental Protection in July 2020. Three Rivers Solar will become the largest solar project in the state, twice the size of the next largest facility (the 50 MW Sanford Airport Solar project). The project will consist of approximately 300,000 to 400,000 solar panels on 465 acres in the unorganized area of the state.
Shoreland Zone Development and Land Use
Verrill represents landowners and developers in siting structures in the shoreland zone and ensuring compliance with the restrictions that govern shoreland zone clearing and development. We have worked with numerous landowners to resolve enforcement matters related to tree clearing and placement of structures on oceanfront and lakefront properties. We have worked on behalf of developers to get towns to amend their shoreland zoning ordinances to allow development proceed around otherwise prohibitive wetlands.
Water and Wastewater: Verrill Helps Gardiner Water District Secure Land for a New Water Tank
For roughly one year, Verrill worked with longtime client Gardiner Water District, and its engineering firm Wright-Pierce, to secure land to allow the Water District to construct a one million gallon water tank in Farmingdale. The tank, which will help improve water pressure and the future integration of the Gardiner and Hallowell Water Districts, will be located on the former Kennebec Heights Country Club, which property was purchased by Central Maine Power as part of its Maine Power Reliability Program transmission project. The Verrill team helped the District negotiate with Central Maine Power to acquire the land and finalize the terms of the acquisition. The team also helped the District work with the Maine Drinking Water Program, which is financing a portion of the project using State Revolving Loan Funds. On May 5th, the Drinking Water Program hosted a celebration of project, which represented the 200 millionth dollar of funds disbursed through the SRF program. Verrill helped with the planning of the event, which was chronicled by the Kennebec Journal. The final closing took place approximately two months later.
Bingham Wind Project
Verrill's environmental team successfully permitted the Bingham Wind project, which at 185 MW is the largest wind power project in New England. The project includes fifty-six 3.3 MW Vestas turbines, a transmission line, an O&M building, meteorological towers, and access roads and crane paths, which collectively required permits from the Department of Environmental Protection, the Army Corps of Engineers, and the towns of Bingham, Parkman and Abbott. Verrill continues to work with the project owner to ensure the long-term success of the project.
Champion of Wind Energy Projects
Verrill successfully permitted eleven wind power projects in Maine with an installed capacity of more than 1,000 MW. The team shepherded projects through the Land Use Regulation Commission, Department of Environmental Protection, Army Corps of Engineers, and multiple towns where project elements are located.
In the Bingham Wind project, Verrill permitted a 17 mile generator lead line that traversed organized and unorganized jurisdiction in Maine. The permits included a federal Army Corps of Engineers Section 404 permit, Maine Department of Environmental Protection Site Law and NRPA permits, as well as several local permits.
In the Saddleback Ridge Wind project, Verrill assisted Patriot Renewables in permitting 9.5 miles of generator lead in the towns of Carthage, Dixfield and Canton, Maine. The permits included a federal Army Corps of Engineers Section 404 permit, Maine Department of Environmental Protection Site Location and NRPA permits, utility location permits from the Maine DOT and the Town of Carthage, and a building permit from the Town of Dixfield.
Solar Energy: Acquisition of Grid-Scale Project in Brunswick, Maine
Verrill represented Diversified Communications in the acquisition of a newly built $2.5 million solar array in Brunswick, Maine. The array, which was developed by ReVision Energy and went online in January 2018, will provide power to more than 100 businesses at Brunswick Landing. Verrill attorneys advised Diversified Communications on a range of issues in the transaction, including federal debt financing, solar investment tax credits, solar renewable energy credits, electric power sales, EPC contracting, and regulatory, real estate and corporate matters. We worked collaboratively with Diversified Communications and the developer of the project to get the deal done on a short timeline while minimizing investment risk.