Blog Posts: Law of the Land (and Air and Water)

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The Law of the Land (and Air and Water) blog provides careful analysis and discussion of the most critical and timely legal issues pertaining to the environment and natural resources, that our clients, industry professionals, policymakers, non-profit organizations, and engaged citizens turn to as a valuable resource.

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...
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Maine Supreme Court Decides Seaweed Is a Plant, Not a Fish

Seaweed
After deliberating for a year and a half in Ross v. Acadian Seaplants , the Maine Supreme Judicial Court has unanimously held that rockweed, a type of seaweed that grows on rocks in the intertidal area all over the North Atlantic, is owned by the intertidal property owner, not...
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D.C. Circuit Remands BOEM Cape Wind Lease under NEPA and ESA, Punts on MBTA Challenge

The U.S. Court of Appeals for the D.C. Circuit has dealt another setback to the Cape Wind offshore wind power project by holding yesterday in Public Employees for Environmental Responsibilities v. Hopper that the Bureau of Ocean Energy Management (BOEM) and the U.S. Fish and Wildlife Service (USFWS) violated...
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USFWS Issues Expansive Final 4(d) Rule for Northern Long-Eared Bat

U.S. Fish & Wildlife Service (USFWS) issued its final rule under section 4(d) of the Endangered Species Act regarding conservation measures for the northern long-eared bat (the “Final 4(d) Rule”). The Final 4(d) Rule replaces the interim 4(d) rule issued in April, 2015 . The Final 4(d) Rule prohibits...
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WOTUS Rule Saga Gets Weirder with EPA "Covert Propaganda"

The EPA rule attempting to clarify the scope of Clean Water Act jurisdiction took another gut punch when the Government Accountability Office found that the EPA's use of social media in connection with its rulemaking violated anti-lobbying laws . The rule in question attempts to define the term "waters...
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EPA and States Locked in Funhouse Litigation over WOTUS Rule

Wetlands
Eighteen states that are suing the EPA and the Army Corps of Engineers to block the regulation attempting to identify jurisdictional waters of the United States under the Clean Water Act have filed a motion for a preliminary injunction with the U.S. Court of Appeals for the Sixth Circuit...
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Three Bat Species Listed Under Maine Endangered Species Act

Upon recommendation from the Maine Department of Inland Fisheries and Wildlife, Governor Paul LePage signed a bill into law today listing three bat species under the Maine Endangered Species Act. The little brown bat and northern long-eared bat were listed as endangered, and the eastern small-footed bat was listed...
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New Misguided Opponent of Renewables: Famous Novelist Jonathan Franzen

Jonathan Franzen
Author Jonathan Franzen In a lapse of fact checking and logic, the normally rigorous New Yorker magazine published a lengthy essay by noted novelist and bird watcher Jonathan Franzen that, among other things, called wind and solar power “blights on the landscape” that should be abandoned in favor of...
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USFWS Lists Northern Long Eared Bat as Threatened Species

Bat Rendering
The U.S. Fish and Wildlife Service announced that it will publish a final rule in today's Federal Register designating the northern long eared bat as threatened under the Endangered Species Act. The listing will become effective May 4, 2015, at which time an interim 4(d) incidental take rule will...
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Maine High Court to Litigious Saco RV Park Owner: Let There Be Frisbee Golf

Frisbee Golf
To the delight of Frisbee golfers across southern Maine, the Maine Supreme Court has affirmed the Saco Planning Board’s approval of a Frisbee golf course in Fitanides v. City of Saco Fred Fitanides, who owns an RV park that abuts the Frisbee golf course, opposed the development and claimed...
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USFWS, Congress Explore Incidental Take Exemption Under MBTA

Bald Eagle
The U.S. Fish and Wildlife Service is reportedly planning to issue a notice of intent to create an incidental take permitting regime under the Migratory Bird Treaty Act. The permitting scheme would theoretically allow otherwise lawful activities to go forward with greater regulatory certainty, while allowing USFWS to require...
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Firm Highlights

News

Nearly 80 Verrill Attorneys Recognized by Best Lawyers® 2021, Including a Dozen Named Lawyers of the Year

(August 24, 2020) – Nearly 80 Verrill attorneys were recognized as "Best Lawyers" by Best Lawyers® 2021 , including 12 attorneys named “Lawyer of the Year,” a distinguished recognition for only a single lawyer...

Matter

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...

Matter

Longroad Energy

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...

Blog

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...

Matter

Protection of Private Coastal Property Rights for Conservation of Intertidal Habitat

Verrill successfully represented coastal landowners in first-impression litigation against a Canadian seaweed harvesting company with global operations to determine who owns the sea plants that are growing on private intertidal property in Maine. In...

Blog

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...

Publication/Podcast

The Risks and Regulations Associated with Waterfront Development in Maine

Matter

Aquaculture

Verrill represents both growers and coastal landowners regarding leasing and licensing of aquaculture enterprises.

Blog

We're Hiring: Seeking Energy and Environmental Associate to Join Our Team

Verrill seeks to hire an associate attorney to join our Portland office as a member of our Environmental and Energy Groups. Verrill is a full service law firm with more than 135 attorneys conducting...

Blog

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...

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