61 A.3d 689
Me.2013Background
- Saddleback Ridge Wind filed SITE LOCATION of Development and NRP A applications Oct 26, 2010 for a 12-turbine, 33 MW project in Carthage, Canton, and Dixfield.
- Applications included a noise impact study and a visual impact assessment; the latter did not evaluate Webb Lake because it is not a designated scenic resource.
- Friends objected, submitted scientific materials on turbine noise, and requested a public hearing; the Department denied the hearing.
- The Department held a public meeting; Board papers and public comments followed, including Friends’ study linking Webb Lake to scenic resources.
- Board initially adopted a 42 dBA nighttime limit in rulemaking; however, Saddleback’s permit was approved under the pre-amendment 45 dBA limit.
- Court vacates the Board’s order and remands for consideration using the 42 dBA limit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the nighttime sound limit applied was correct | Friends contend 42 dBA applies, not 45 dBA. | Board followed pre-amendment rules and relied on evidence before rule change. | Board abused discretion; remand to apply 42 dBA. |
| Whether Wind Energy Act violates Equal Protection by Webb Lake treatment | Act denies protection for Webb Lake despite evidence of significance. | Legislature rationally related scenic resource definition to wind energy goals. | Act does not violate Equal Protection. |
| Whether visual-impact criteria violate Separation of Powers by being overly vague | Criteria are vague and empower unlawful delegation. | statute provides guidance; not unconstitutional despite nonquantifiability. | Not unconstitutional; criteria provide sufficient guidance. |
| Whether due process rights were violated by perceived bias | Department and Board biased against Friends. | No demonstrable bias; proceedings fair. | Due process not violated. |
Key Cases Cited
- Sager v. Town of Bowdoinham, 2004 ME 40 (Me. 2004) (abuse of discretion standard for agency decisions)
- Martha A. Powers Trust v. Bd. of Envtl. Prot., 2011 ME 40 (Me. 2011) (agency may alter sound limits; health considerations)
- Uliano v. Bd. of Envtl. Prot., 2009 ME 89 (Me. 2009) (upholds nonquantifiable scenic standards with guidance)
- Town of Baldwin v. Carter, 2002 ME 52 (Me. 2002) (prefers construal to preserve constitutionality; nonquantitative standards allowed)
- Friends of Lincoln Lakes v. Bd. of Envtl. Prot., 2010 ME 18 (Me. 2010) (legitimate state interest in wind energy; expedited permitting)