NECEC Transmission LLC et al. v. Bureau of Parks and Lands et al.

[On April 27, 2022, this matter's name was updated to the caption listed above. The appeal was previously captioned as Avangrid Networks, Inc., et al. v. Bureau of Parks and Lands et al.]

The Maine Judicial Branch has set up this web page to post information on this matter, NECEC Transmission LLC et al. v. Bureau of Parks and Lands et al., Business and Consumer Docket (BCD) docket number BCD-CIV-2021-58, Law Court docket number BCD-21-416.

On December 16, 2021, the BCD (Duddy, J.) issued an order denying the motion of Avangrid Networks, Inc., and NECEC Transmission LLC for a preliminarty injunction staying the effect of a recently enacted ballot initiative that imposes a geographic ban on the construction of high-impact transmission lines in Maine and imposes new requirements on parties seeking to lease Maine public lands. On December 28, 2021, the BCD granted Avangrid and NECEC's motion to report the ruling to the Law Court pursuant to Rule 24(c) of the Maine Rules of Appellate Procedure.

Oral Argument before the Law Court was held on May 10, 2022. The arguments in this case and in Russell Black et al. v. Bureau of Parks and Lands et al. are temporarily available in an unedited video on the Court's YouTube channel.

The Law Court issued a report of interlocutory ruling pursuant to M.R.App.P 24(c) on August 30, 2022 and remanded the case to the BCD for further proceedings consistent with its opinion.

All public documents (documents that are non-confidential and not sealed) filed with or issued by the BCD are available through the Maine eCourts Public Portal. The Registry of Action sormation are available by entering the following docket number on the "Smart Search" page: BCD-CIV-2021-00058. Selected documents and orders may be posted on this page.

Any additional public documents filed in and issued by the Law Court will be posted on this page as they become available. Case information and public documents below will be removed from the website once the case is no longer active or considered of great interest to the media and the public.

Documents

• December 7, 2022 Order Granting in Part and Reserving in Part State Defendants' Motion to Dismiss Certain Parties and Claims (BCD)
• October 21, 2022 Order Denying Plaintiffs' Motion for Reconsideration (BCD)
• August 30, 2022: Final Decision
• May 5, 2022: Recusal of Justice Lawrence
• May 5, 2022: Motion for Leave to Present Additional Rebuttal Argument filed by H.Q. Energy Services (U.S.) Inc.
• Reply briefs:
  • April 20, 2022: Reply brief NECEC Transmission LLC and Avangrid Networks
  • April 20, 2022: Reply brief H.Q. Energy Services (U.S.) Inc.
  • April 20, 2022: Reply brief Maine State Chamber of Commerce
  • April 20, 2022: Reply brief Industrial Energy Consumer Group
  • April 20, 2022: Reply brief Cianbro Corporation and International Brotherhood of Electrical Workers Local 104
• April 4, 2022: Order Admitting Visiting Attorneys, Rejecting Tendered Brief of Amicus Curiae, and Accepting Brief of Another Amicus Curiae
• Appellee briefs:
  • March 30, 2022: Appellees brief Bureau of Parks and Lands et al.
  • March 30, 2022: Appellee brief of Nextera Energy Resources, LLC
  • March 30, 2022: Appellees brief of Thomas B. Saviello et al.
• Amicus briefs:
  • March 30, 2022: Amicus brief of Calpine Corporation, Vistra Corporation, Holly Bragdon, and Brian Ahern
  • March 30, 2022: Amicus brief of Richard Anderson et al.
  • March 30, 2022: Amicus brief of Susan Austin et al.
  • March 30, 2022: Amicus brief of Former Commissioners of the Maine Public Utilities Commission
  • March 30, 2022: Amicus brief of the City of Lewiston
  • March 30, 2022: Amicus brief of NSTAR Electric Company et al.
  • March 30, 2022: Amicus brief of Robert J. Weiner
  • March 30, 2022: Amicus brief of Calpine Corporation et al.
  • March 29, 2022: Amicus brief of Orlando E. Delogu
  • March 29, 2022: Amicus brief of Dmitry Bam
• February 22, 2022: Recusal of Justice Mead
• February 22, 2022: Order Admitting Visiting Attorney
• February 16, 2022: Motion for admission of visiting counsel pro hac vice filed by the International Brotherhood of Electrical Works Local Union No. 104
• February 16, 2022: Recusal of Justice Connors
• February 16, 2022: Appendix
• February 16, 2022: Appellants' briefs:
  • Brief of NECEC Transmission, LLC, and Avangrid Networks, Inc.
  • Brief of H.Q. Energy Services (U.S.) Inc.
  • Brief of Industrial Energy Consumer Group
  • Brief of the Maine State Chamber of Commerce
  • Brief of Cianbro Corporation and International Brotherhood of Electrical Workers Local 104
• January 10, 2022: Order on Motion to Expedite Briefing Schedule and Argument Schedule and Enlarge Page Limits
• January 6, 2022: Consented to Motion to Expedite Briefing and Argument Schedule and Enlarge Page Limits filed by NECEC Transmission LLC and Avangrid Networks, Inc.
• January 5, 2022: Entry of appearance of Gerald F. Petruccelli, Esq., for Maine State Chamber of Commerce
• January 3, 2022: Briefing schedule
• January 3, 2022: Procedural Order
• December 28, 2021: Order of the Business and Consumer Docket granting motion to report interlocutory ruling pursuant to M.R. App. P. 24(c), along with Hearing/Conference Record, and Registry of Actions (docket sheet)
• December 16, 2021: Business and Consumer Docket order denying motion for preliminary injunction

Media Contact

Members of the media who require assistance may contact Barbara Cardone, Esq., Director of Legal Affairs and Public Relations at (207) 213-2803 or barbara.cardone@courts.maine.gov.