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.

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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Draft Adult Use Marijuana Rules Released

Marijuana
Yesterday, the Department of Administrative and Financial Services Office of Marijuana Policy released a preliminary draft of the Adult Use Marijuana Rules . The preliminary draft includes comprehensive provisions on business licenses for marijuana establishments, which include cultivation, testing, and products manufacturing facilities, and marijuana stores. In addition to...
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Maine DEP Proposes Changes to Wetlands Rules

Wetlands
The Maine DEP is proposing changes to its wetlands rules that clarify the definition of wetlands of special significance. Wetlands of special significance (WOSS) include coastal wetlands and great ponds, as well as other freshwater wetlands with certain qualifying attributes such as size, the presence of critical or imperiled...
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Maine DEP Seeks Public Comment on Proposed Changes to Hazardous Waste Rules

The Maine Department of Environmental Protection (DEP) has proposed changes to Chapters 850 (identification of hazardous wastes), 851 (standards for generators of hazardous waste), 852 (land disposal restrictions) and 858 (universal waste rules). The proposed changes, which were posted for public comment on February 21 , incorporate new and...
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Maine Department of Environmental Protection Issues Draft Wind Energy Act Rules

Wind Power
After more than a year of pre-rulemaking process including the issuance of two drafts, the Maine DEP has commenced formal rulemaking and today issued draft rules for wind energy developments in Maine. The formal draft largely tracks the most recent pre-rulemaking version issued in January 2017. The draft rules...
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Maine Department of Environmental Protection Issues Draft Wind Energy Act Rules

After more than a year of pre-rulemaking process including the issuance of two drafts, the Maine DEP has commenced formal rulemaking and today issued draft rules for wind energy developments in Maine. The formal draft largely tracks the most recent pre-rulemaking version issued in January 2017. The draft rules...
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Hydropower Project Administrative Rules Update

The Department of Environmental Protection (DEP) Chapter 450 and Land Use Regulation Commission (LUPC) Chapter 11 regulations for hydropower projects have been updated . The new rules eliminate an inconsistency that existed between the license transfer provisions for hydropower and other environmental permits. Specifically, the revised rules apply the...
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U.S. Fish & Wildlife Service Proposes Revisions to Mitigation Policy

US Fish & Wildlife Logo
U.S. Fish and Wildlife Service (the “Service”) recently proposed revisions to its Mitigation Policy, which has been in place since 1981. March 8, 2016 Fed. Reg. 12380 . The Mitigation Policy serves as “over-arching Service guidance applicable to all actions for which the Service has specific authority to recommend...
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Maine DEP Proposed Rule Changes

The Maine DEP is proposing changes to the rules affecting permitting of Site Law projects. The changes primarily involve requirements related to demonstrating adequate financial capacity to construct and operate the development. Additional changes are proposed that affect phased financing, long-term (generally more than ten years) construction projects, and...
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Intertidal Court Victory for Property Rights, Marine Conservation, and Public Participation

The Maine Superior Court has dismissed all claims against five intertidal landowners represented by Verrill in Masucci v. Judy’s Moody, LLC . The landowners had been sued because they contacted Maine Marine Patrol to...

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39 Verrill Attorneys Named 2022 Super Lawyers and Rising Stars

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Maine PUC Clarifies Ability of Level 2 Projects to “Leapfrog” Level 4 Projects in Interconnection Queue

After months of uncertainty over the issue of whether Level 2 renewable energy projects can “leapfrog” Level 4 projects in the queue, the Maine PUC clarified one of the ambiguities. Specifically, in response to...

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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...

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77 Verrill Attorneys Recognized by Best Lawyers® 2023, Including Six Named Lawyers of the Year

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Verrill Partner Mathew Todaro Presents at The National Safety Council (NSC) of Northern New England’s 51st Annual New Hampshire Safety & Health Conference

The National Safety Council (NSC) of Northern New England recently held its 51 st Annual New Hampshire Safety & Health Conference in Nashua. The two-day conference began on June 7 th and featured keynote...

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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...

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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...

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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...

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NextEra Subsidiary Fined $8 Million under MBTA for Eagle Deaths at Wind Power Projects in Western U.S.

The U.S. Department of Justice announced that ESI Energy LLC (ESI), a wholly owned subsidiary of Nextera Energy Resources LLC, pleaded guilty to violating the Migratory Bird Treaty Act (MBTA) and acknowledged at least...

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