Maine Supreme Court Reviews Transmission Line Project Dispute

On May 10, 2022, the Maine Judicial Supreme Court heard oral arguments in a dispute involving the New England Clean Energy Connect (“NECEC”) Project—a $1 billion clean energy transmission line. Avangrid, the developer of the NECEC Project, is seeking to enjoin the effects of a Maine ballot initiative that would retroactively halt the Project.

If completed, the NECEC Project would bring hydropower from Quebec to the New England power grid and help the region achieve its clean energy goals. Public concern about the NECEC Project’s environmental impacts and lack of local benefits drove Maine voters to approve a ballot initiative that would halt the project. At issue is whether Maine voters can retroactively stop the NECEC Project from being completed where all regulatory approvals have been obtained and construction has begun.

Avangrid is arguing that the ballot initiative cannot retroactively halt the NECEC Project because doing so would violate due process by stripping the developer of its vested rights acquired through initiating construction after receiving required regulatory approvals. Project opponents argue that Avangrid’s vested rights claim lacks merit because the developer knew the regulatory approvals would be challenged and the ballot initiative was pending months before construction began.

The Maine Supreme Court’s decision in this case will establish an important precedent on whether voters have the power to block infrastructure projects after they have received all regulatory approvals. Although the ultimate decision will only be binding in Maine, it could have significant implications for infrastructure projects across the country, especially considering that the law of vested rights exists throughout the country.

If you have any questions about this lawsuit, vested rights, or other issues implicated by infrastructure development, please contact Jared Wigginton at jared@goodstewardlegal.com.

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