In a challenge by the developers of the New England Clean Energy Connect (NECEC) project to a ballot question approved by Maine voters in 2021 that banned construction of certain electric transmission lines, the Maine Supreme Judicial Court remanded the case to the State’s Business and Consumer Docket for consideration of whether the developers had acquired vested rights to construct the project. The NECEC project is intended to carry hydroelectric power generated in Québec through Maine into Massachusetts. The court held that the ballot initiative would violate due process under the Maine Constitution to the extent that the developers had acquired vested rights.

Lawsuit challenging Maine law banning completion and operation of the New England Clean Energy Connection transmission line corridor, which would transport electricity from Canadian hydropower facilities into Maine and the New England electric grid.

NECEC Transmission LLC v. Bureau of Parks & Lands

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Maine High Court Said Ballot Question Ban Might Have Violated Transmission Project Developers’ Due Process Rights

Filed

United States of America

Maine

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Maine High Court Said Ballot Question Ban Might Have Violated Transmission Project Developers’ Due Process Rights

Policy instrument

Impacted group

Renewable energy

Fossil fuel

Economic sector

Finance