Monday, January 10, 2011

Maine Supreme Court to Hear Arguments on Industrial Wind

Friends of Maine's Mountains Attorney to Argue Public Hearing Process

Wilton, ME - Friends of Maine's Mountains (FMM), the leading group dedicated to protecting Maine's mountain regions from threats to their natural and human environments, including the rampant proliferation of industrial wind turbines on hundreds of miles of ridgelines, announces two oral arguments to be heard before the Maine Supreme Court on Tuesday, January 11 at the Court House in Portland. FMM attorney Rufus Brown of Brown and Burke will argue on behalf of Concerned Citizens to Save Roxbury Pond and Martha Powers Trust according to the following schedule:

January 11, 2011, at Portland: 2:15 PM

BEP-10-206 Concerned Citizens to Save Roxbury Pond et al. v. Board of Environmental Protection

Attorneys: Rufus E. Brown and Gerald D. Reid, Margaret A. Bensinger, Juliet T. Browne, Gordon R. Smith

On appeal by Concerned Citizens to Save Roxbury Pond et al.

Concerned Citizens to Save Roxbury, the Silver Lake Camp Owners Association, and several individuals (collectively CCSR) appeal, pursuant to 38 M.R.S. § 346(4) (2009), from a decision of the Board of Environmental Protection that approved the issuance of permits to Record Hill Wind, LLC, to construct a wind energy facility in the Town of Roxbury. CCSR argues that the Board erred in: (1) denying a request to hold a public hearing, (2) denying a request to supplement the record, (3) finding that Record Hill made adequate provisions to prevent adverse health effects from noise, (4) finding that Record Hill demonstrated financial capacity to fund the project, and (5) finding that Record Hill met licensing requirements with respect to decommissioning the project.

January 11, 2011, at Portland: 3:00 PM

BEP-10-339 Martha A. Powers Trust et al. v. Board of Environmental Protection

Attorneys: Rufus E. Brown and Margaret A. Bensinger, Gerald D. Reid, Juliet T. Browne, Gordon R. Smith

On appeal by the Martha A. Powers Trust et al.

The Martha A. Powers Trust and Brian Raynes (collectively Trust) appeal, pursuant to 38 M.R.S. § 346(4) (2009), from a decision of the Board of Environmental Protection that approved the issuance of permits to Evergreen Wind Power II, LLC, to construct a wind energy facility in the Town of Oakfield. The Trust argues that the Board erred in: (1) denying a request to hold a public hearing; (2) finding that Evergreen made adequate provisions for the control of noise from the proposed facility, (3) finding that Evergreen demonstrated financial capacity for the proposed facility, and (4) finding that Evergreen met licensing requirements with respect to decommissioning the proposed facility.

Friends of Maine's Mountains is a research and educational organization whose mission is to research, formulate and promote effective and reliable energy and power solutions that will protect Maine's natural resources, especially Maine's mountains, as well as Maine's industries and private property owners, while also ensuring that those solutions have a positive environmental and economic impact for Maine people and businesses.

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