Iberdrola Takes The Referendum To The Judge To Stop The Connection With Canada

Iberdrola, through the companies Necec Transmission LLC and Avangrid Networks, has filed a lawsuit in the Superior Court of Maine with the intention of challenging the citizens’ initiative voted last week to try to paralyze the interconnection project with Canada that is leading to carried out by the Spanish company.

In the referendum raised, Question 1 proposes to retroactively change the Maine law to block the Necec project aimed at importing hydroelectric power from Quebec to the New England region.

In the company’s opinion, the initiative is unconstitutional and violates both state law and federal law. However, they say in a statement that fossil fuel companies have done everything possible even to deceive the inhabitants of Main, to try to block this clean energy project.

The lawsuit filed with the court describes how Question 1 violates a number of legal principles of property rights, separation of powers, and contract provisions of the Maine and US Constitutions.

According to the Spanish company, a legal principle enshrined in Maine law, acquired rights, protects the owner who has invested in a project. If an owner has followed the rules to obtain all the necessary permits and begins construction on a project, the rules cannot be retroactively changed to block that project. This would be the case of Necec, which began the construction of the transmission project after receiving all the regulatory authorizations and has already allocated around 449 million dollars, almost half the cost.

Question 1 would also violate the separation of powers principles enshrined in the Maine Constitution by attempting to reverse decisions of the executive and judicial branches through legislative action. This is the same principle that the Maine Judicial Supreme Court of Maine invoked in 2020 when it rejected a first citizens’ initiative filed by opponents of the project.

Ultimately, by attempting to cancel a 25-year lease between Necec and the state of Maine, the initiative violates contract clauses in the Maine Constitution and the United States Constitution designed to protect contracts from government intrusion.

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3 Responses

  1. George Trask Sr. says:

    Almost 60%of the Maine voters said no and these guys new how we feel. This is going to be stopped either by our officials or the people.

  2. Kathy says:

    The 2014 and 2020 leases should have never been allowed as it broke the Maine State Constitution. Just because we have crooked Governors does not mean the mistakes shouldnt be fixed and us Mainers shouldn’t have a say to Spain damaging our lands. We own our public lands, not our governors, and certainly not Spain.

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