Maine Gov. Mills lifts wind permitting moratorium

Tuesday, February 19, 2019

Maine Governor Janet Mills has signed an Executive Order terminating a moratorium imposed by the previous governor on state permitting of wind energy projects.

On January 24, 2018, then-Governor Paul LePage issued an Executive Order prohibiting state agencies from issuing permits related to wind turbines proposed for siting in Western Maine, the Maine coast, and certain avian migratory pathways. Governor LePage's executive order established the Maine Wind Energy Advisory Commission. He charged the Commission with studying and reporting on the economic impacts of potential wind turbines in these areas, as well as on Maine's rules and procedures for expedited permitting of wind projects. Governor LePage designated the Commission's meetings as not "public proceedings" whose records could be made public under Maine's Freedom of Access Act. Crucially, his executive order provided, "I order that no permits related to wind turbines are issued in the Areas until the report is issued in writing."

The Commission held a series of meetings between October and December 2018. In November 2018, Maine citizens elected Governor Janet Mills to replace outgoing Governor LePage. On January 2, 2019, the Commission issued its final report. The report noted that "wind is an emotive issue for many Mainers, both those for and against wind power development." The Commission offered 13 recommendations, including reevaluating Maine's targets and standards for wind energy development; studies of the effect of wind projects on electricity prices, grid reliability, and property values; and continued opportunities for public input to inform policymakers' views.

On February 14, 2019, Governor Mills signed an executive order ending the LePage moratorium. Noting that the Commission has issued its report, Governor Mills's executive order dissolved the Commission and terminated the moratorium. Her executive order directs Maine agencies, including the Maine Department of Environmental Protection, Maine Land Use Planning Commission, and Maine Public Utilities Commission, to resume determining whether wind project applications qualify for approval pursuant to established standards and processes of law, including appropriate site location and assessment of community impact.

In a statement accompanying her order, Governor Mills said, "It is time for Maine to send a positive signal to renewable energy investors and innovators – We welcome you."

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