Judicial Appeals

Members of Verrill Dana's Energy Group regularly participate in appellate review of agency decisions affecting energy companies and projects. Whether defending the issuance of a permit, license or approval needed for construction of new a new energy project, or challenging an agency's denial of such a request, members of our Group appear frequently in appellate court, reviewing the conclusions and findings made by the regulatory agency. In cases of the Maine PUC, where appeals go directly to the Maine Supreme Judicial Court, members of the practice group have argued several cases involving interpretation of Maine's historic Electric Restructuring Act. Similarly, under the Wind Energy Act, in which judicial appeals of certain siting decisions also go directly to the Maine Supreme Judicial Court, Verrill Dana has successfully argued numerous judicial appeals of wind power projects and has defended federal approvals for such projects in the United States District Court.

The following are examples of judicial appeals handled by our Energy Group:

  • T&D Utility Ownership of Generation - The Group represented Emera in a lengthy case addressing the extent to which the Maine Restructuring Act prevents affiliates of a Maine T&D utility from acquiring ownership of generation facilities. In 2011, Emera sought approval of two acquisitions: (1) 25% ownership of Algonquin Power & Utilities Corp. and (2) a joint venture with First Wind to develop new wind projects in the Northeast. The firm represented Emera in extensive litigation before the Maine PUC and Maine Supreme Judicial Court both before and after Emera closed the transactions. Verrill Dana defended the approvals before the Maine Supreme Judicial Court in two separate appeals of the Maine PUC approval orders.
  • Defending Constitutionality of the Wind Energy Act - Verrill Dana successfully defended permits in which the constitutionality of the Wind Energy Act was challenged as well as numerous decisions involving the interpretation and application of sound and scenic standards that govern wind energy developments.
  • Pipeline Refund - Verrill Dana represented MetroMedia, a natural gas marketer, in appealing an adverse ruling of the Massachusetts Department of Public Utilities to the Massachusetts Supreme Judicial Court. Bill Harwood argued the case asserting that the pipeline refund ordered by the Massachusetts Commission should have been paid to MetroMedia, as a gas marketer, not directly to MetroMedia's customers.
  • Defending Arbitration Award-Bill Harwood and Brian Marshall represented Woodland Pulp before the Maine Supreme Judicial Court in successfully defending an arbitration award after a lengthy and contentious arbitration proceeding resolving a dispute between Woodland Pulp and a tenant over shared use of a private natural gas pipeline.

Firm Highlights

Publication/Podcast

Hospital Price Transparency Rule: Full Steam Ahead

Neither COVID-19 nor continued legal challenges appear likely to derail the Centers for Medicare & Medicaid Services ( CMS) Hospital Price Transparency Rule from going into effect on January 1, 2021. Hospitals therefore should...

Blog

9:00PM “Curfew” Announced for Some Maine Businesses During Thanksgiving Week

Event

2021 Employment Law Annual Update

Event

Judicial Externship Seminar at Boston University Law School

During spring of 2021, attorney Anuj Khetarpal will be an adjunct professor at Boston University Law School and teaching a Judicial Externship Seminar for the semester.

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...

Publication/Podcast

“If I've told you once, I've told you eight times…” HHS OIG Issues Another Audit Report on Hospitals’ Failure to Report Credits for Explanted Cardiac Devices and Lays the Groundwork Collection of Overpayments

News

Verrill Remains a National Industry Leader for Gender Diversity

(November 11, 2020) – Verrill has once again been recognized as one of the top law firms in the country for female attorneys in Law360 's annual Glass Ceiling report. Named a “Ceiling Smasher,&rdquo...

Blog

December 31 Sunset of Safe Harbor Correction Method for Certain Elective Deferral Failures

A special IRS-approved correction method available for elective deferral failures in 401(k) and 403(b) plans with automatic contribution features will sunset on December 31, 2020, meaning it will not be available to correct elective...

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...

News

Getting the Band Back Together: How a Surety Team Can Hit the Right Notes

Construction Exec published an article, "Getting the Band Back Together: How a Surety Team Can Hit the Right Notes," in its November edition, covering the effect COVID-19 has on surety bond producers. Attorney Rob...

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