A line of wind turbines at sunrise in the western Maine mountains in July 2017. Source: The Associated Press |
The renewable energy industry is suing Maine Gov. Paul LePage for imposing a moratorium on new wind turbines across much of the state and for creating a wind policy advisory board that will meet in secret.
As reported by the Portland (Maine) Press Herald, the Maine Renewable Energy Association, or MREA, in mid-February filed a lawsuit with the Kennebec County, Maine, Superior Court that accused LePage of an "unconstitutional executive overreach in creating a moratorium of indefinite duration that is contrary to the will of the Legislature." The association's membership includes industry leaders such as NextEra Energy Inc., EDP Renováveis, Apex Clean Energy, Algonquin Power & Utilities Corp., NRG Energy Inc., Calpine Corp. and Brookfield Asset Management Inc. subsidiary Brookfield Renewable Partners LP.
The lawsuit follows a separate complaint by the pro-renewable Conservation Law Foundation that also asserts LePage's Jan. 24 executive order violates the constitutional separation of powers.
The filing by the renewable trade group asks the court to nullify LePage's directive that halted the permitting of new wind farms in the state's western mountains, eastern coastline and islands and along "significant avian migratory pathways" until the economic impact of turbines on tourism is studied by a new policy advisory board comprising state agencies, lawmakers, local officials, businesses and advocacy groups. LePage used a loophole in the state Freedom of Access Act to exempt the advisory board from adhering to public access and record-keeping laws.
"There is a substantial risk that the moratorium will prevent or delay the issuance of required permits for wind energy projects in development by MREA members, and that such delay will result in the loss or reduction of financial incentives, including tax credits, for those projects," the lawsuit said, according to the Portland Press Herald article. "The moratorium will also harm the economic interests of MREA's members who would support and supply goods and services to the wind projects banned by the moratorium."
In addition, the governor in January introduced legislation to overturn Maine's expedited permitting process for wind projects in parts of Aroostook County in the northernmost part of the state. The bill, L.D. 1810, also raises the regulatory hurdle for all wind projects by expanding the area around turbines that is subject to visual impact studies by the state government from eight to 40 miles.
"Tourism, especially returning visitors, is a major driver for the Maine economy," LePage said at the time of his executive order. "While out-of-state interests are eager to exploit our western mountains in order to serve their political agendas, we must act judiciously to protect our natural beauty."

