By DAVID SHARP (Associated Press)
PORTLAND, Maine (AP) — A jury that heard difficult testimony about building schedules and constitutional rights delivered a victory Thursday for a $1 billion transmission undertaking, concluding builders had a constitutional proper to proceed regardless of being rebuked by state voters in a referendum.
Jurors dominated 9-0 in favor of builders when requested to determine whether or not sufficient work was accomplished in good religion earlier than the referendum for builders to have a vested proper to finish the undertaking.
Based on the result, a state choose is anticipated to situation a judgment that the referendum can’t be utilized to the undertaking.
That determination might be appealed to the state Supreme Judicial Court for the ultimate say.
At stake is a undertaking touted as a daring effort to fight local weather change by supplying as much as 1,200 megawatts of Canadian hydropower to the New England energy grid — sufficient electrical energy for about 1 million properties.
Supporters say electrical energy provided by the 145-mile (233-kilometer) energy transmission line would decrease vitality prices in all of New England in addition to cut back carbon air pollution. Critics contended that the advantages had been overblown and that it might’ve destroyed woodlands alongside a brand new, 53-mile (85-kilometer) part carved via the woods to succeed in the Canadian border.
Despite profitable all regulatory approvals, the undertaking — to be totally funded by Massachusetts ratepayers — was met with pushback every step of the best way. Ultimately, state voters voted in opposition to it in a referendum and work was halted.
The Natural Resources Council of Maine, which opposes the facility line, mentioned in an announcement on Thursday that it was disenchanted within the end result and stays “sharply focused on achieving a just and equitable clean energy future that works for all Mainers.”
“We’re pursuing home-grown clean energy sources, like utility-scale solar, offshore wind, and the King Pine wind project in Aroostook County that will deliver new and verifiable reductions in pollution rather than a shell game that shifts existing energy for maximum corporate profit,” the council mentioned.
The Supreme Judicial Court breathed new life into the undertaking final summer time, concluding the retroactive nature of the referendum would violate the builders’ constitutional rights if substantial building had been accomplished in good religion.
Justice Michael A. Duddy may have made the fact-finding dedication himself. But he took the weird step of ordering a jury trial, placing the destiny of the trial within the arms of 9 common of us.
Central Maine Power’s mum or dad firm and Hydro Quebec teamed up on New England Clean Energy Connect and building began in January 2021, about 10 months earlier than the referendum wherein 59% of voters rejected the undertaking.
Scott Mahoney, senior vice chairman and common counsel at Avangrid, CMP’s mum or dad firm, mentioned Thursday that the jury’s conclusion “affirms the prior rulings of the Maine Supreme Judicial Court” that the undertaking could proceed.
Opponents contended the builders acted in dangerous religion, dashing up the development schedule to attempt to thwart the desire of the individuals within the referendum. Developers mentioned they had been protecting to a schedule set years earlier.
The matter is one in every of two lawsuits to go earlier than the Supreme Judicial Court.
The different lawsuit challenged leases for a 1-mile portion of the proposed energy line that crossed state land. The excessive courtroom finally dominated there was nothing improper with the lease.
The operator of the regional energy grid expressed help for the undertaking Thursday.
“We are pleased that this project can continue to move forward. The New England states’ ambitious climate goals will require building significant amounts of new infrastructure in a region where building infrastructure has been difficult,” mentioned Anne C. George, chief spokesperson for ISO New England.
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Source: www.bostonherald.com”