NECEC Transmission LLC v. Bureau of Parks & LandsAnnotate this Case
On interlocutory appeal in this case involving the New England Clean Energy Connect project (Project), the Supreme Judicial Court held that retroactive application of legislation enacted by voters (the Initiative) to the Project, as required by section 6 of the Initiative, was unconstitutional.
On November 2, 2021, fifty-nine percent of Maine voters approved a ballot question through a public referendum that would result in legislation effectively precluding the Project, which is designed to transmit power generated in Quebec through Maine and into Massachusetts. Plaintiff filed a complaint for declaratory relief alleging that retroactive application of the Initiative to the Project was unconstitutional. The trial court reported the case to the Supreme Judicial Court. The Supreme Judicial Court held that section 6 of the Initiative, as applied retroactively to the certificate of public convenience and necessity (CPCN) issued for the Project, would infringe on Plaintiff's constitutionally-protected vested rights if Plaintiff can demonstrate that it engaged in substantial construction of the Project in good-faith reliance on the authority granted by the CPCN before Maine voters approved the initiated bill by public referendum.
The court issued a subsequent related opinion or order on August 30, 2022.