Upstream Watch 80-C Superior Court appeal 12/16/20 28 pages.
Showing posts with label Maine Superior Court. Show all posts
Showing posts with label Maine Superior Court. Show all posts
Dec 18, 2020
Upstream Watch files appeal of Maine's okay of Nordic AQ's permits
Mar 23, 2012
Fox Island Wind Neighbors win key legal skirmish against DEP & FIW
On March 20th, 2012, the Maine Superior Court denied a motion by Vinalhaven windmill operator Fox Islands Wind LLC, seeking dismissal of the appeal filed last July by aggrieved neighbors of the 3 turbine windfarm. A major issue of the Fox Islands Wind Neighbors was the chronic & objectionable noise created by the three Vinalhaven turbines (5 minute mp3)
The company claimed that the State Court had no jurisdiction to hear an appeal of the decision made by Commissioner Patty Aho of Maine DEP, who declared in a "Conditions Compliance Order" that the company was in compliance. The company cited MRSA 35A: 3456
"....Notwithstanding any other provision of law, the department's certification pursuant to this section regarding a development that does not otherwise require the department's approval pursuant to this Title is not itself subject to judicial review as final agency action or otherwise"....
In her decision, Superior Court Justice Michaela Murphy agreed with FIWN, however, that the Conditions Compliance Order issued by Aho was itself an enforcement action, and was not the certification itself. Therefore 35A sec 3456 doesn't apply, and the Court has the right to review the issue.
MOTION DENIED
Jun 28, 2011
DeepCwind Consortium: a Pyrrhic victory?
ROCKLAND In a historic precedent for defense of Maine’s natural marine resources, the Knox Superior Court has ruled that Maine citizens have the lawful right to sue on behalf of wildlife in the Gulf of Maine. Read the decision here
“Until now, the courts have rejected efforts by individuals to obtain legal standing to represent non human entities. “ Huber said. “ Justice Hjelm’s decision, while it allows development of the DeepCwind offshore wind energy test center, also levels the playing field for citizens trying to protect Natural Maine in the face of powerful industrial consortium like DeepCwind. Both in Superior Court and other venues."
Huber was philosophic about the outcome. “We’ve lost one fight here, but the cost to DeepCwind and other would-be Gulf of Maine ocean energy developers is an end to the ban on citizen representation of wild nature in Maine and the Gulf of Maine," Huber said he is exploring his options.
Huber said it reminded him of the tale of King Pyrrhus of Epirus
"One more such victory" fretted the King, following a costly battle with the Romans "would utterly undo him.” ….
“Likewise for the Maine Bureau of Parks and Lands,” Huber said. “They and the DeepCwind Consortium collectively defied their own natural scientists and oceanographers in order to rush through the permitting of an offshore windpower test center two miles off Monhegan Island. And while Judge Hjelm had little choice but to defer to the agency for making an ”informed decision,” Huber said, “the justice also signaled his suspicion of the agency’s methods by ensuring that citizens can lawfully challenge efforts by both the DeepCwind Consortium and other big industrial concerns to go around the laws and regulations protecting our irreplaceable natural Gulf of Maine.”
For a copy of the court’s decision, Click Here For more information about the case Click Here
END
Feb 9, 2010
News: Windpower opponent seeks to keep corporate consortium out of legal review.
According to their lawyer he will drop their request to intervene.
"Wind power opponent?" Have I joined that not terribly exalted roster?
I would rather say "Supporter of birds and beauty", and "Supporter of siting the windfarm R&D site where it is wanted and needed, not where it's most convenient for lazy wind entrepeneurs that would rather not have to trek to the "Other Maine".
But reporter/editor Steve Betts of the Herald Gazette, who WILL write about me without ever telephoning or emailing, makes me out as "opponent", because I informed the court on February 5th that I would rather keep the corporations out of the case, so I must be one.
The "DeepCwind Consortium" an unincorporated vague mass of corporations, ex-politicians and others, is run by the University of Maine. It hopes to profit by forcing windmills into Maine's public lands and state waters.
But the Consortium would only join the case to cloud the air and muddy the waters.
For the information the judge needs to make his decision is entirely within the existing public record. The consortium would add nothing but hype to the process. They should be kept out and I hope the judge agrees.
I have no problem with the University ITSELF intervening in the case, however. Just not that pack of hungry corporate wolf fish calling itself the DeepCwind Consortium.
Feb 5, 2010
MONHEGAN STANDS ALONE
As former Governor King rushes slavering up and down the High Places, mustaches crusty with crimson'd feathers, a swarm of venture capitalists in his train;
As present Governor Baldacci musters the Legislature, impatient to join his predecessor, but for now wielding the state's legal blades against the Low Places -a bit of indigestion, to be sure, from bolting down Vinalhaven's scenic assets too fast. Now seeking next windy midcoast islands a'dreaming offshore to seize wind and seize the view;
As eco-yuppies batten in greedy flocks and swarms, tearing cash from the carcasses of old promises to Gaia's natural citizens -, now but roadkill on the road to the ENGO e-Damascus, where spun platitudes create at least a vision of energy plentitude;
As academics peer, some fearfully, some hungrily, from their ivory windtowers, awaiting their turn to experiment on enchained Aeolus, Anemoi, Ehecatl, Fujin, Njord, Pazuzu, Vayu, Venti, all the Wind Gods and Goddessess throttled, grotesquely crucified upon turbines, deafened by the ceaseless sobbing eldritch dirges, from banshee shriekage to thudding bruising infrasound, that blunt the air.;
As thrashed and choking zephyrs spin helplessly, their death spirals fouling the beauty-questing eye, and the Techno-Juggernaut rising to makes Its move;
As a universal shrug permeates Maine, New England, Turtle Island, pervades the entire Cosmos;
MONHEGAN STANDS ALONE
Will you help Her?
Jan 26, 2010
Maine's 'Offshore Wind Rush' challenged in Maine Superior Court
Bay activist's lawsuit calls for orderly growth of Maine offshore wind energy research and development.
--
Court asked to temporarily suspend recent decision by state submerged lands chief authorizing wind energy test center off Monhegan.
A Rockland man has filed suit in Knox County Superior Court, seeking suspension of a December 14th decision by the Bureau of Parks and Lands that designated two square miles of ocean south of Monhegan as the Maine Offshore Wind Energy Research Center.
Media Coverage: MPBN & Herald Gazette
Calling the bureau action "woefully premature" and "part of a Gulf of Maine Wind Rush" fostered by New England's burgeoning ocean wind energy industry, conservation activist Ron Huber has asked the court to rule on whether two recently passed state laws, 12 MRSA 1868 "Identification of Offshore Wind test areas and MRSA 35-A, Chapter 34-A: Expedited Permitting of Grid scale Wind Energy Development were followed by Parks & Lands Director Willard Harris when he authorized the test area, one of three in Midcoast and southern Maine waters. The Bureau of Parks and Lands manages submerged lands usage in Maine's territorial sea.
"Maine is wasting a marvelous chance to do ocean energy projects in state waters right the first time. Instead it is assuring investors their projects will be subject to minimal review." said Huber. He said that although meaningful rules and regulations for offshore windmill site selection and management don't exist yet, the state is racing ahead anyway to parcel out its portion of the Gulf of Maine. "I'm awarding the DeepCwind consortium a C-minus," he said.
"We've seen what the Gold Rush did to California's salmon streams. What rushing ahead on bailing out Wall Street has accomplished for our economy. What rushing into the Patriot Act has done to the structure and integrity of our security agencies. Why is the Department of Conservation rushing so blindly forward on authorizing the state's ocean wind energy research center off Monhegan? Do it right! The wind's not going anywhere."
The State of Maine could thoughtlessly degrade irreplaceable scenic and ecological natural assets of state and national significance there, by fast tracking offshore wind plan without consulting most Monheganites, without calculating the dollar value of the damage such projects could have on Monhegan's thriving tourism industry. Without calculating, using standard metrics, the visual and sonic impacts windmill operations day and night could have on Monhegan visitors and island residents. On its fish and fishermen. Its lobsters and lobstermen.
"Why is ignorance bliss for the Bureau of Parks and Lands? Our state doesn't need to become part of a Gulf of Maine Wind Rush. As shown at conference after conference, the industry has shown it has the smarts, the talent and the ability to gain a tremendous amount of environmental and social impact data before, during and after the experimental deployments at the Maine Offshore Energy Test Center. The Bureau of Parks and lands should make gaining that critical data part of the deal with the University.
Rushing the birds. Huber noted to the court the non-evaluation by the state of the chance, small or large, that indivduals of the dozens of bird species that visit Monhegan or live there year round will fall prey to a bladestrike. Maine Audubon's Monhegan surveys, and the visits of numerous other birders familiar with Monhegan reveal with great detail how Monhegan and its surrounding waters are the haunts of Canada Geese, Wood Ducks, Black Ducks, Mallards,Green-winged Teal , Eiders, Scoters, Loons, Shearwaters, Storm-Petrels, Gannets, Herons, Osprey, Sharp-shinned Hawks, Cooper's Hawks, American Kestrel, Merlins, Peregrine Falcons and Bald Eagles. And many others!
Bird strikes WILL happen" Huber said. "Its a fact of life with offshore wind. Maine Department of Conservation should acknowledge this regrettable truth and work to minimize it right from the start. That's what Research and Development means, not only figuring out the best wind blades, but also figuring out the least damaging methods of using them.
Ditto for the Monhegan Inner Sou' Sou'west Ground, a rocky three square mile fishing ground in deep waters SSW of Monhegan. The offshore wind R&D center will encompass part of this 300 foot deep ground which hosts hake and cusk in early spring, cod and pollock from May until July, and halibut in the autumn.
"The state needs to exhaustively survey the existing state of Monhegan's deepwater fishery environment, before moving ahead with this necessary exploration of ocean energy extraction." Huber said. The addition of high relief vertical habitat in the form of floating windmill structures will also attract species not typically seen in the area, to exploit the new habitat. These non-indigenous organisms may be benign or troublesome to the existing marine fisheries."
"But who's checking?" Huber asked. "Judge Jeffrey Hjelm needs to pull Parks and Lands director Willard's head out of the sand," he said. "The state must face the inconvenient truths of ocean wind extraction,that come with the incontrovertible pluses of generating electricity that way. Willard's December decision is woefully premature."
Rockland resident Ron Huber has acted on behalf of natural Maine since the early 90's. This is his second petition asking Maine Superior Court to turn back agency decisions affecting Penobscot Bay. The first, filed one year ago and still pending, asks the court to overturn Maine DOT's January 2009 decision to split publically owned Sears Island in upper Penobscot Bay into an industrial containerport zone and a private conservation easement zone run by Maine Coast Heritage Trust, without following requirements of the Sensible Transportation Policy Act. There is a certain symmetry, he says, to now trying to protect nature at the opposite end of Penobscot Bay.
Huber admits to a spiritual dimension to his activism. Describing his efforts as "faith-based stewardship over the wild places and wild marine life of Penobscot Bay" he informed the court that his "wild marine congregation of Penobscot Bay organisms" may be at risk from the diversion of hundreds of kilowatts of wind energy from its traditional natural uses in the outer bay marine ecosystem to electricity generation. The ability of the larval young of many members of his flock to carry out the sea surface feeding and respiration necessary to their survival could be badly hampered.
We must not crucify Penobscot Bay on a Cross of Wind." Huber declared.
Additional Information on offshore wind energy & Maine state waters Click Here
# # #
A Rockland man has filed suit in Knox County Superior Court, seeking suspension of a December 14th decision by the Bureau of Parks and Lands that designated two square miles of ocean south of Monhegan as the Maine Offshore Wind Energy Research Center.
Media Coverage: MPBN & Herald Gazette
Calling the bureau action "woefully premature" and "part of a Gulf of Maine Wind Rush" fostered by New England's burgeoning ocean wind energy industry, conservation activist Ron Huber has asked the court to rule on whether two recently passed state laws, 12 MRSA 1868 "Identification of Offshore Wind test areas and MRSA 35-A, Chapter 34-A: Expedited Permitting of Grid scale Wind Energy Development were followed by Parks & Lands Director Willard Harris when he authorized the test area, one of three in Midcoast and southern Maine waters. The Bureau of Parks and Lands manages submerged lands usage in Maine's territorial sea.
"Maine is wasting a marvelous chance to do ocean energy projects in state waters right the first time. Instead it is assuring investors their projects will be subject to minimal review." said Huber. He said that although meaningful rules and regulations for offshore windmill site selection and management don't exist yet, the state is racing ahead anyway to parcel out its portion of the Gulf of Maine. "I'm awarding the DeepCwind consortium a C-minus," he said.
"We've seen what the Gold Rush did to California's salmon streams. What rushing ahead on bailing out Wall Street has accomplished for our economy. What rushing into the Patriot Act has done to the structure and integrity of our security agencies. Why is the Department of Conservation rushing so blindly forward on authorizing the state's ocean wind energy research center off Monhegan? Do it right! The wind's not going anywhere."
The State of Maine could thoughtlessly degrade irreplaceable scenic and ecological natural assets of state and national significance there, by fast tracking offshore wind plan without consulting most Monheganites, without calculating the dollar value of the damage such projects could have on Monhegan's thriving tourism industry. Without calculating, using standard metrics, the visual and sonic impacts windmill operations day and night could have on Monhegan visitors and island residents. On its fish and fishermen. Its lobsters and lobstermen.
"Why is ignorance bliss for the Bureau of Parks and Lands? Our state doesn't need to become part of a Gulf of Maine Wind Rush. As shown at conference after conference, the industry has shown it has the smarts, the talent and the ability to gain a tremendous amount of environmental and social impact data before, during and after the experimental deployments at the Maine Offshore Energy Test Center. The Bureau of Parks and lands should make gaining that critical data part of the deal with the University.
Rushing the birds. Huber noted to the court the non-evaluation by the state of the chance, small or large, that indivduals of the dozens of bird species that visit Monhegan or live there year round will fall prey to a bladestrike. Maine Audubon's Monhegan surveys, and the visits of numerous other birders familiar with Monhegan reveal with great detail how Monhegan and its surrounding waters are the haunts of Canada Geese, Wood Ducks, Black Ducks, Mallards,Green-winged Teal , Eiders, Scoters, Loons, Shearwaters, Storm-Petrels, Gannets, Herons, Osprey, Sharp-shinned Hawks, Cooper's Hawks, American Kestrel, Merlins, Peregrine Falcons and Bald Eagles. And many others!
Bird strikes WILL happen" Huber said. "Its a fact of life with offshore wind. Maine Department of Conservation should acknowledge this regrettable truth and work to minimize it right from the start. That's what Research and Development means, not only figuring out the best wind blades, but also figuring out the least damaging methods of using them.
Ditto for the Monhegan Inner Sou' Sou'west Ground, a rocky three square mile fishing ground in deep waters SSW of Monhegan. The offshore wind R&D center will encompass part of this 300 foot deep ground which hosts hake and cusk in early spring, cod and pollock from May until July, and halibut in the autumn.
"The state needs to exhaustively survey the existing state of Monhegan's deepwater fishery environment, before moving ahead with this necessary exploration of ocean energy extraction." Huber said. The addition of high relief vertical habitat in the form of floating windmill structures will also attract species not typically seen in the area, to exploit the new habitat. These non-indigenous organisms may be benign or troublesome to the existing marine fisheries."
"But who's checking?" Huber asked. "Judge Jeffrey Hjelm needs to pull Parks and Lands director Willard's head out of the sand," he said. "The state must face the inconvenient truths of ocean wind extraction,that come with the incontrovertible pluses of generating electricity that way. Willard's December decision is woefully premature."
Rockland resident Ron Huber has acted on behalf of natural Maine since the early 90's. This is his second petition asking Maine Superior Court to turn back agency decisions affecting Penobscot Bay. The first, filed one year ago and still pending, asks the court to overturn Maine DOT's January 2009 decision to split publically owned Sears Island in upper Penobscot Bay into an industrial containerport zone and a private conservation easement zone run by Maine Coast Heritage Trust, without following requirements of the Sensible Transportation Policy Act. There is a certain symmetry, he says, to now trying to protect nature at the opposite end of Penobscot Bay.
Huber admits to a spiritual dimension to his activism. Describing his efforts as "faith-based stewardship over the wild places and wild marine life of Penobscot Bay" he informed the court that his "wild marine congregation of Penobscot Bay organisms" may be at risk from the diversion of hundreds of kilowatts of wind energy from its traditional natural uses in the outer bay marine ecosystem to electricity generation. The ability of the larval young of many members of his flock to carry out the sea surface feeding and respiration necessary to their survival could be badly hampered.
We must not crucify Penobscot Bay on a Cross of Wind." Huber declared.
Additional Information on offshore wind energy & Maine state waters Click Here
# # #
--
Nov 4, 2009
Sears Island estuary - a teeming autumn fish nursery
An environmental group with a special license from Maine's Department of Marine Resources has discovered a teeming autumn groundfish nursery in upper Penobscot Bay - directly in the path of a state proposal for a containerport and railyard. Penobscot Bay's larval fish abundance has been studied in spring and summer (13 pg pdf). On the other hand, fall and and winter abundances in the shallows of the bay are less studied. are less studied.
Rockland-based Penobscot Bay Watch says initial results from their November 1, 2009 survey reveal juvenile cod, hake, perch, flounder, herring and many other fish, shrimp and crabs abound on Sears Island's shoals, often in waters less than three feet deep.
"We don't have final numbers on their abundance, but, extrapolating from the hundreds of fish captured in a single short pass of our beach seine, one could easily estimate more than a million young groundfish are on the 100 acre shoal, feasting on great swarms of shrimp-like krill" said Ron Huber, executive director of the group. "This is apparently a quite critical habitat area for juvenile Penobscot Bay groundfish."
The nursery shallows adjoin long-disputed Sears Island, a 1,000 acre undeveloped island that shelters a large estuarine complex in the brackish headwaters of Penobscot Bay. The island is surrounded by Stockton Harbor on its east side and Searsport Harbor on its western side.
Debate over the island's future has split mainstream and grassroots environmentalists, with Sierra Club's Maine Chapter and Maine Coast Heritage Trust favoring the recent division of Sears Island into port zone and privately managed conservation area, while fishery activists and local citizens have filed lawsuits seeking to protect the fish nursery.
Maine Superior Court Justice Jeffrey Hjelm is reviewing the cases, which ask him to overturn the state's decision earlier this year to grant the Maine Coast Heritage Trust a perpetual conservation easement on two thirds of the island. The plaintiffs contend that the easement is part of a quid pro quo designed to stimulate development of a port on the island's west side, with the "protected" east portion counted as compensatory mitigation "balancing" the dredging and filling of eelgrass beds and the island's forested wetlands that drain into them. The moderate environmentalists have accepted the compromise, dropping their their decades of opposition to industrial development of the western part of Sears Island.
"If the state moves ahead and builds a containerport on this island, and dredges these shoals, the natural recovery of Penobscot Bay's groundfish will be jeopardized," Huber said. We very much hope that Judge Hjelm agrees"
Rockland-based Penobscot Bay Watch says initial results from their November 1, 2009 survey reveal juvenile cod, hake, perch, flounder, herring and many other fish, shrimp and crabs abound on Sears Island's shoals, often in waters less than three feet deep.
"We don't have final numbers on their abundance, but, extrapolating from the hundreds of fish captured in a single short pass of our beach seine, one could easily estimate more than a million young groundfish are on the 100 acre shoal, feasting on great swarms of shrimp-like krill" said Ron Huber, executive director of the group. "This is apparently a quite critical habitat area for juvenile Penobscot Bay groundfish."
The nursery shallows adjoin long-disputed Sears Island, a 1,000 acre undeveloped island that shelters a large estuarine complex in the brackish headwaters of Penobscot Bay. The island is surrounded by Stockton Harbor on its east side and Searsport Harbor on its western side.
Debate over the island's future has split mainstream and grassroots environmentalists, with Sierra Club's Maine Chapter and Maine Coast Heritage Trust favoring the recent division of Sears Island into port zone and privately managed conservation area, while fishery activists and local citizens have filed lawsuits seeking to protect the fish nursery.
"If the state moves ahead and builds a containerport on this island, and dredges these shoals, the natural recovery of Penobscot Bay's groundfish will be jeopardized," Huber said. We very much hope that Judge Hjelm agrees"
Penobscot Bay Watch - People who care about Maine's biggest bay
Mar 27, 2009
Sears Island Smackdown! Chief Justice won't accept MDOTs motions: wrong court!
It is as though MDOT's hired guns, attorneys Rebecca Farnum and her sidekick Jason Donovan of Thompson and Bowie LLP, had purposely set out to insult the Maine Superior Court Judges of three counties. "So what if the rules say requests to consolidate 80C cases must be made to the judges of the courts where the petitions were filed? We're MaineDOT's attorneys! We don't need to follow the rules!"
That or something similar must have been rolling through the noggins of T&B's dynamic duo when they decided to go over those judges' heads and ask the Chief Justice of Maine Superior Court to rule on the motion instead.
Chief Justice Thomas Humphrey politely but firmly declined to accept their motion for consolidation on March 26th. With admirable restraint, Justice Humphrey identified for them the Superior Court judges of Knox, Waldo and Kennebec counties, explained to Farnum and Donovan that "...it is best to follow the customary procedure for filing and acting on these civil motions", returned their motions unread and bade them go practice their craft on the two judges at the courts where the plaintiffs filed.
In the interest of moving this case along, Ms. Farnum and Mr. Donovan are respectfully offered a link to Rule 80C of the Maine Rules of Civil Procedure. Updated to January 2009.
An excellent resource for those lawyers who find themselves still baffled by the mysteries of civil procedure!
Mar 13, 2009
Sears Island plaintiffs may subpoena Maine JUPC members
Members of the Joint Use Planning Committee may soon find themselves ordered to appear in Maine Superior Court, after preliminary motions for the cases opposing the partition of Sears Island brought by Harlan Mclaughlin of Searsport, Ron Huber of Rockland, and Doug Watts of Augusta, are resolved.Sears Island Joint Use Planning Committee members that may be subpoenaed include Coastal Mountain's Land Trust official Scott Dickerson, Maine Sierra Club leader Joan Saxe, Islesboro Island Trust head Stephen Miller, Friends of Sears Island president Jimmy Freeman and Penobscot Bay Alliance chief Becky Bartovics.
It is believed that information will be elicited as to how these environmentalists arrived at a deal with state officials to dismember New England's biggest unprotected wild island into port zone and conservation easement zone without following state laws that require planning for the inevitable environmental damagesuch a project would cause.
"It will be a messy case," Huber said, "but like sausagemaking, what comes out at the end will be worth it."
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