First Wind: Wind Power Permitting

We represent First Wind in the development and permitting of its wind power projects in Maine.  Our Environmental Group has been instrumental in wind power development since its inception in Maine, not only because we represent over 90 percent of the wind power capacity in the State, but because we have shaped the legislation, regulation and judicial precedent that will make it possible for wind energy development to continue to flourish in the future. 

We have represented First Wind in its successful permitting of multiple projects in both Land Use Regulation Commission (LURC) and Department of Environmental Protection (DEP) jurisdiction, including:

• Stetson I Project (57 MW permitted and operational);
• Stetson II Project (25 MW permitted and operational);
• Rollins Project (60 MW permitted and operational);
• Oakfield Project (51 MW permitted); and
• Bull Hill Project (34.2 MW permitted).

Current projects in the permitting phase include the 69-MW Bowers Mountain Project located in LURC territory, and the 150-MW Oakfield II Project located in DEP jurisdiction.  In addition to previous and ongoing permitting work, we represent First Wind’s Mars Hill Project, the first large scale (42 MW) wind power project built in Maine, in connection with litigation in Aroostook County Superior Court.

We are also counsel for First Wind on resolving judicial and administrative appeals of state and local permits obtained for the development of wind power projects. To date, we have successfully defended against every appeal that has been filed. We have obtained the following favorable rulings in appeals of First Wind permits:

• On March 24, 2011, the Maine Supreme Court denied opponents’ appeal of the DEP permit issued to First Wind to develop a 34-turbine project in Oakfield, Maine.
• On October 7, 2010, the Maine Board of Environmental Protection rejected opponents’ petition to revoke the DEP permit issued to First Wind to develop the 40-turbine Rollins Project in and around Lincoln, Maine.
• On August 12, 2010, the Maine Supreme Court upheld the Lincoln Board of Appeals’ dismissal of opponents’ challenge to First Wind’s permit to develop the Rollins Project issued by the Town of Lincoln.
• On June 3, 2010, the Maine Board of Environmental Protection denied opponents’ appeal of the DEP-issued permit to develop First Wind’s Oakfield Project.
• On March 11, 2010, the Maine Supreme Court denied opponents’ appeal of the DEP-issued permit to develop First Wind’s Rollins Project.
• On February 3, 2010, the Maine Superior Court in Penobscot County upheld the Town of Lincoln Board of Appeals’ dismissal of opponents’ appeal of the Rollins Project’s Lincoln-issued permit.
• On August 12, 2009, the Maine Board of Environmental Protection denied opponents’ appeal of First Wind’s DEP-issued permit to develop the Rollins project.
• On May 12, 2009, the Maine Supreme Court dismissed an opponent’s appeal of First Wind’s LURC-issued permit to develop the Stetson II Project.Click on any of the links below to access specific examples of Real Estate experience related to First Wind.

Evergreen Gen Lead

Rollins Project

Bull Hill