Energy - Judicial Appeals

Highlights

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Overview

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 the 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 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:

  • Emera Ownership Of Generation - The Group represented Emera in a lengthy case addressing the extent to which the Maine Restructuring Act prevents affiliates of e a Maine T&D utility from acquiring ownership of generation facilities. In 2011, Emera sought approval of two acquisitions: 25% ownership of Algonquin Power & Utilities Corp. and a joint venture with First Wind to develop new wind projects in the Northeast. The acquisitions generated extensive litigation before the Maine Public Utilities Commission and Maine Supreme Judicial Court both before and after Emera closed the transactions. Ultimately, Emera decided to unwind both transactions.
  • 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.

Contacts

  • Partner
    T: (207) 253-4608
  • Partner
    T: (207) 253-4702