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Power corridor developer defends embattled project before Maine’s highest court

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Power corridor developer defends embattled project before Maine’s highest court


New England Clear Vitality Join opponents Tom Saviello and Sandi Howard communicate throughout a information convention following two key Maine Supreme Judicial Court docket hearings on the Cumberland County Courthouse in Portland on Tuesday. Derek Davis/Workers Photographer

Roughly seven months after Maine voters endorsed a regulation aimed toward stopping the $1 billion New England Clear Vitality Join transmission line from transferring forward, the Maine Supreme Judicial Court docket on Tuesday heard conflicting arguments from the mission’s supporters and opponents that would result in a ultimate resolution in regards to the destiny of the five-year previous enterprise.

Two separate instances have been heard back-to-back by Chief Justice Valerie Stanfill, in addition to Affiliate Justices Joseph Jabar, Thomas Humphrey and Andrew Horton. Becoming a member of them was Robert Clifford, an lively retired Supreme Court docket justice.

Three of the seven justices recused themselves from the proceedings – Andrew Mead, Catherine Connors and Rick Lawrence, who was sworn on this month. No causes got,  however justices can recuse themselves if they’ve some battle of curiosity in a case, or in a state of affairs that will increase the looks of a battle.

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The 2 instances, whereas separate, are interrelated. Boiled down, one facilities on whether or not the mission has a sound lease to cross state land; the opposite focuses on how the brand new, voter-approved regulation impacts the mission’s rights alongside its chosen route.

The primary concern includes a decrease courtroom’s reversal of a state company’s resolution to lease a 1-mile part of public heaps close to The Forks to Central Maine Energy for the NECEC transmission line to cross. That case is known as Russell Black v. Bureau of Parks and Lands.

NECEC opponents say the lease was not correctly negotiated. Final August, a Superior Court docket choose agreed and reversed a call by the Parks and Lands Bureau to lease the land to CMP. The corporate appealed the choose’s ruling.

To observe its most popular route, CMP signed a lease in 2014 with the bureau to cross two public heaps off U.S. Route 201 close to The Forks within the higher Kennebec Valley. At concern now could be whether or not the company correctly performed an evaluation of whether or not the lease would trigger a “substantial change” to the general public land. A 1993 modification to the Maine State Structure requires a two-thirds vote of the Legislature to approve any substantial change.

Throughout Tuesday’s arguments, Stanfill famous that it’s lower than the Regulation Court docket to determine whether or not the crossing creates a considerable alteration. Shouldn’t that be determined by the state company, she requested a lawyer representing CMP and NECEC. Nolan Reichl responded that the bureau had granted a whole lot of leases and there was by no means an objection from the Legislature.

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However that has modified, stated James Kilbreth, a lawyer representing opponents. The just lately handed regulation solutions the chief justice’s query about who ought to determine.

It’s already identified how the bureau regards the general public lot, Jabar stated. It’s used for timber harvesting. It already has an influence line crossing it. And it’s not a pristine space, Stanfill added. It’s working forest.

“Why are we going via this useless course of if we all know what they (the bureau) are going to say?” Jabar requested.

Kilbreth replied: “No matter it’s, it’s nonetheless topic to the brand new regulation.”

So the courtroom appeared left to determine whether or not it has the authority to make a substantive resolution on the case, or to ship the matter again to Superior Court docket and the Bureau of Public Lands, which might then begin the method anew.

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The second concern includes makes an attempt by Avangrid Networks, the dad or mum firm of CMP and NECEC Transmission LLC, to nullify the impact of final November’s poll initiative that banned the development of “high-impact transmission strains” in a portion of western Maine. That case is known as Avangrid Networks v. Bureau of Parks and Lands.

Avangrid maintains that the brand new regulation is unconstitutional and deprives the corporate of its “vested rights” to complete the mission after receiving permits and spending $450 million on building. Opponents say Avangrid took a danger and was nicely conscious of the authorized challenges it confronted.

Avangrid’s lead lawyer, John Aromando, put the matter in stark phrases, saying that “the credibility of the state of Maine is at stake on this case,” if an organization’s vested rights could be taken away retroactively after it has permitted permits.

NECEC gained its first allow from the state Public Utilities Fee in 2019, which discovered the mission to be within the public curiosity. However Stanfill identified that among the different permits have been being appealed by opponents, together with ones issued by state environmental regulators and the federal Military Corps of Engineers. That muddled the importance of among the case regulation references about different tasks, which had concerned just one allow and never the a number of approvals in play for NECEC.

A TWISTED JOURNEY

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Tuesday’s motion is the newest signpost marking a twisted journey that started in 2017, when CMP and its home dad or mum firm, Avangrid, first proposed the NECEC mission. It emerged as a fast pivot by Massachusetts officers and electrical utilities, after an analogous enterprise in New Hampshire was blocked by state opposition.

Since then, the mission has changed into Maine’s most contentious environmental flashpoint in many years. Years of presidency overview, citizen enter, campaigns and negotiations have appeared solely to harden public opinion. There’s little settlement on what affect the transmission hall, which already is partially constructed, would have on the area’s renewable power and local weather change objectives, electrical charges, Maine’s prized forestlands and future energy ventures.

The Regulation Court docket already has acquired intensive written briefs from events to the instances, and a few observers have prompt rulings might come by early summer season. With building season ramping up in Maine, NECEC shall be scrambling to restart work if the state’s highest courtroom guidelines in its favor. Development on the hall paused in late November, after the Maine Division of Environmental Safety suspended NECEC’s work license. Contractors and their tools left the location shortly after that.

Whereas choices in these instances will hinge on the precise particulars of case regulation and regulatory coverage, some events that filed briefs say the outcomes might have essential ramifications for future power mission improvement, not solely in Maine however elsewhere. New transmission strains shall be essential for states within the Northeast which have aggressive local weather change objectives as a result of they hinge on phasing out oil- and gas-fired energy crops and electrifying their economies with renewable sources. For that cause, Tuesday’s courtroom motion drew nationwide consideration.

The NECEC mission is designed to convey 1,200 megawatts of energy from Hydro-Quebec in Canada to the New England electrical grid over a 145-mile route and thru a converter station in Lewiston. The mission is being constructed to assist Massachusetts meet its clear power and local weather objectives and is being paid for by that state’s electrical energy clients. It will have the capability to energy roughly one million houses.

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NECEC was first proposed in 2017, after the New Hampshire mission was killed. To fulfill contracts with Massachusetts utilities, NECEC is beneath intense stress to finish the mission by August 2024.

However that timetable was put in danger after practically 60 p.c of voters rejected the NECEC mission via a poll initiative final November.

Instantly after the listening to, each opponents and NECEC held information conferences on the sidewalk exterior the courthouse in downtown Portland.

Say No to NECEC Director Sandi Howard stated that attorneys representing mission opponents made a strong presentation.

“CMP ignored a number of methods, together with an amazing vote by Mainers in November, that their mission may very well be halted,” Howard stated. “It’s unhappy that they’ve filed go well with in opposition to Maine residents, lots of whom are CMP ratepayers.”

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Tom Saviello, the lead petitioner for November’s profitable Query 1 poll measure, stated the brand new regulation prohibits transmission tasks within the Higher Kennebec area with out legislative approval.

“I’m hopeful that the courts will respect the overwhelming will of voters in upholding our new regulation,” he stated.

NECEC and Avangrid, nevertheless, urged the courtroom to take a look at the initiative as retroactively utilized to NECEC and discover the regulation unconstitutional. They cited the constitutional protections for vested rights and the precept of separation of powers as their key arguments.

“This can be a clear power mission that can catapult Maine and New England right into a clear and inexpensive power future at a time once we are seeing exponential will increase in power prices and provide constraints,” stated Thorn Dickinson, NECEC’s president and CEO. “The NECEC mission acquired each native, state and federal allow required, and substantial building has been accomplished. This establishes a so-called ‘vested proper’ that can’t be taken away. Retroactively revoking these permits – after substantial building has been finished – violates the Maine Structure.”

No matter comes of Tuesday’s courtroom motion, the corporate faces a further impediment subsequent week.

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On Could 17-18, the Maine Bureau of Environmental Safety will meet to think about appeals by opponents to a conditional mission approval given by state environmental regulators in 2020. The assembly shall be held on the College of Maine in Farmington and is open to the general public in particular person and by way of video hyperlink, which shall be posted on the board’s web site when obtainable. The timing for any resolution is unclear.


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Maine

A Maine man took his friend into the woods for one final deer hunt

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A Maine man took his friend into the woods for one final deer hunt


This story was originally published in December 2022.

Jerry Galusha and his best friend, Doug Cooke, share a friendship that dates back to 1984, when they were living in Rangeley and were introduced by mutual friends.

Over the years, they have often gone fishing or deer hunting, activities they both have enjoyed immensely.

“The relationship that we have is just unbelievable,” Galusha said. “We’ve had some really amazing adventures.”

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This fall, Galusha was confronted with a heart-wrenching task. He would take Cooke into the woods, one last time, in search of a big buck.

The difference was that this time they would not be walking the tote roads and trails together. Instead, Galusha would be carrying Cooke’s cremains in his backpack.

Cooke died on Sept. 5 at age 61 after a long struggle with renal failure. Galusha said after 40 years of dialysis or living with a transplanted kidney, Cooke opted to cease treatment and enter hospice care when his third transplant failed.

Doctors had originally told Cooke he would be lucky to celebrate his 30th birthday. Thus, he tried all his life to avoid getting too emotionally attached to people. He seldom asked anyone for favors.

Cooke and Galusha hadn’t seen each other much in recent years as Galusha focused on raising a family. But in late August, Cooke left a voicemail for Galusha explaining that he planned to enter hospice care.

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Cooke told Galusha he didn’t need to do anything, but wanted him to know. He did not want to become a burden to anyone else.

“His body was telling him that he’s had enough,” Galusha said. “He couldn’t golf. He couldn’t play his guitar. He hadn’t been hunting in years.”

The late Doug Cooke of Rangeley is shown with a buck he shot many years ago. Cooke’s best friend, Jerry Galusha, is honoring Cooke’s last wishes by taking his ashes on hunting and fishing excursions. Credit: Courtesy of Jerry Galusha

Galusha couldn’t let it end like that. In spite of Cooke’s reluctance to have his old friend see him in such poor health, he went to visit him.

But as Cooke faced his own mortality, he asked one favor of Galusha.

“He said, ‘Promise me one thing, could you please, just one time, take me in to Upper Dam to go fishing before you dump my ashes?’” Galusha said.

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The dam separates Mooselookmeguntic (Cupsuptic) Lake and Richardson Lake north of Rangeley. It was a favorite spot of theirs, one Cooke introduced to Galusha, who grew up in New York.

“He really loved the wilderness and Rangeley,” Galusha said of Cooke, who was a Vermont native.

Galusha immediately said yes but, knowing how much Cooke also enjoyed hunting, he didn’t feel as though the fishing trip was enough to adequately honor his friend.

“I said, I’m going to take you for the whole deer season, every time I go,” Galusha said. “He looked at me and started crying and said, ‘That would be so awesome.’

“It was hard. We cried and hugged each other,” he said.

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When Galusha went deer hunting near his home in Rangeley during the third week of November — a week the two buddies often spent together over the years — he tried his best to make it like old times.

Galusha spared no effort. He carried the cardboard urn containing Cooke’s cremains inside a camouflage can, which was wrapped with a photo showing Cooke posing with a nice buck he had harvested many years earlier.

He also packed Cooke’s blaze orange hat and vest, along with his grunt tube, compass, doe bleat can, deer scents and a set of rattling antlers.

Galusha chronicled the events of each hunting day by posting to Cooke’s Facebook page, complete with observations, recollections and photos.

Lots of deer were seen and there was one encounter with a buck, but after missing initially, Galusha refused to take a bad shot as the deer was partially obscured by undergrowth.

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“I just did what Doug would have done. He’s not going to shoot and I wasn’t going to shoot,” Galusha said.

He spoke reverently about Cooke’s resilience through the years in the face of his constant battle with health problems, which included not only kidney failure, dialysis and transplants, but four hip replacements and, eventually, a heart attack.

Jerry Galusha carried the cremains of his best friend, Doug Cooke, along with several items of Cooke’s hunting gear, on hunts this fall. Credit: Courtesy of Jerry Galusha

The arrival of muzzleloader season provided one more week to hunt. On Friday, Dec. 2, Galusha walked more than 3 miles along a gated road to an area where he had seen deer a week earlier.

That got him off the beaten track, away from other potential hunters, something Cooke would have appreciated.

“He wasn’t afraid to go do stuff,” Galusha said. “It might take us a little bit longer, but he didn’t care.”

Galusha, who still often refers to Cooke in the present tense, said he vocalized some of his reflections while in the woods. He saw eagles, which he thought might be Cooke keeping an eye on him.

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“I talked to him a lot,” Galusha said, who also enjoyed telling the handful of hunters he encountered that he was not out alone, rather with his friend.

He then explained the story of his promise to Cooke and reverently removed the urn from his pack to show them.

When Galusha finally saw the buck, it wasn’t quite close enough. He uses one of Cooke’s favorite tactics to coax the deer closer.

Galusha tried the grunt tube, and then the doe bleat can, but the deer didn’t seem to hear it. Then, he blew harder on the grunt tube and finally got the buck’s attention.

“I irked one right in, that’s what Doug would say,” said Galusha, recalling Cooke’s affection for using the alternating calls.

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The spikehorn turned and walked directly at Galusha, who shot it.

“I cried,” he said of the moment, recalling that Cooke had been there when he shot his first antlered deer, also a spikehorn.

During the long drag back to his truck, Galusha had plenty of time to think about how much Cooke would have enjoyed the hunt — and watching him make the drag.

At one point, a crew of loggers had approached.

“I was pointing to the sky saying, ‘We got it done,’ shaking my hand,” Galusha said. “A guy came up behind me and said, ‘You all set?’ and I’m like, yup.”

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Cooke and Galusha had lived together for 10 years at one point, but they also had gone long periods without talking with each other. Even so, whenever they were reunited it was as if they had never been apart.

The last few visits were difficult. Cooke’s health was failing, but Galusha just wanted to be there for his buddy.

“It was emotional,” said Galusha, who was present when Cooke died. “I held his hand to his last breath.”

Next spring, hopefully when the fish are biting and the bugs aren’t, Galusha will grant Cooke — who he described as a fabulous fisherman — his final wish by taking him fishing at Upper Dam, just like they used to do.

“I’m thinking maybe around his birthday [July 19]. It might be sooner, depending on how buggy it is,” said Galusha, who expects to make more than one excursion with Cooke.

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Galusha said he will know when it’s time to say goodbye.

“I really don’t want to let him go, but I promised him I would, so I will,” he said.



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Maine loses ‘Battle for the Brice-Cowell Musket' 27-9

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Maine loses ‘Battle for the Brice-Cowell Musket' 27-9


ORONO, Maine (WABI) – On Saturday Maine Football hosted their bitter rivals the UNH Wildcats for their 112th all-time matchup with the coveted Brice-Cowell Musket on the line.

The Black Bears were the first team to make their mark on the scoreboard as Joey Bryson converted a 39-yard field goal with 3:56 left to play in the first quarter.

Maine would score again just a few minutes later as quarterback Carter Peevy connected with Montigo Moss for a spectacular one-handed touchdown.

After the Black Bears failed to score on a two-point conversion Maine held onto a 9-0 lead.

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Maine’s ‘Black Hole’ defense was able to keep UNH off the board for nearly all of the first half.

But with 11 seconds to go before halftime the Wildcats scored their first touchdown of the game.

UNH would score their second touchdown on their first play from scrimmage in the second half giving them a 14-9 advantage.

That score would end up being the decisive one.

The Wildcats were able to shut out Maine the rest of the game en route to a 27-9 victory.

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Saturday’s loss marks the third consecutive season that the Black Bears have lost in the Battle for the Brice-Cowell Musket.

Maine’s season has now come to an end as the Black Bears finish their season with a 5-7 record.



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‘You can’t wait for perfect’: Portland mixes care, crackdown in homeless crisis – The Boston Globe

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‘You can’t wait for perfect’: Portland mixes care, crackdown in homeless crisis – The Boston Globe


But where some outreach workers see peril, Dion sees a positive.

“I’m pretty proud of it,” he said of the city’s response, including opening a new, 258-bed shelter, which city officials said had absorbed many of the homeless evicted from the camps. “Some of the nonprofit world wanted a perfect answer, but you can’t wait for perfect.”

Portland Mayor Mark Dion in the dormitory of the homeless services center.Lane Turner/Globe Staff

Crackdowns against homeless encampments have gained momentum in New England, after the Supreme Court ruled in June that communities can enforce bans on sleeping on public property. This month, the Brockton and Lowell city councils banned unauthorized camping on public property, joining Boston, Fall River, and Salem with some form of prohibition.

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In Portland, the parks are now cleaner, but the underlying problems of homelessness remain, social workers said.

“The research is pretty clear that sweeps don’t work. We’re not supportive of the encampments, either; they’re awful places,” said Mark Swann, executive director of Preble Street. “But poverty is complex, and solutions to poverty and homelessness are complex, and people like the black and white.”

After the evictions, some of the homeless found shelter and a broad range of care at the $25 million homeless services center, which opened in March 2023 on the outskirts of the city, about 5 miles from downtown. About 15 to 20 beds are available each day, city officials said, but a far greater number of homeless are sleeping downtown and elsewhere.

The 53,000-square-foot complex contains a health clinic, dental services, storage lockers, mental health counseling, and meeting rooms for caseworkers, as well as three meals a day, laundry facilities, and shuttles that take clients to and from downtown, where other social-service providers are located.

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Pushing his belongings in a shopping cart, James Dolloff recounted his slide into homelessness in downtown Portland.Lane Turner/Globe Staff

“This place saved my life,” said Michael Smith, 33, an Army veteran with post-traumatic stress disorder, who had been sleeping next to a heating vent outside City Hall before he moved to the shelter.

Clients can leave whenever they choose, but many remain for days or weeks while matches with hard-to-find housing are sought for them. No identification is required, and people are accepted even if under the influence, but substance use is not tolerated on site.

“We’ll serve 1,300 to 1,400 unduplicated individuals in a year,” said Aaron Geyer, the city’s director of social services. “I’m incredibly proud of the space we have. It had been a long time coming.”

City spokesperson Jessica Grondin said the number of homeless on the streets is smaller than the number evicted from the camps.

“Most have gone to the shelter,” Grondin said. “We will have a warming shelter in place this winter when the temperatures get to a certain level,” she added, and “outreach workers will encourage these folks to go there for the night.”

The city’s previous shelter, located downtown, had used beds and floor mats, some placed about 12 to 16 inches apart, to accommodate 154 people. In addition to the new facility, Portland operates a family shelter with 146 beds, and a space with 179 beds used by asylum seekers.

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David George Delancey, 62, a former truck driver, has been living at Portland’s upgraded shelter for more than a year. “This is probably the best place to be if you want to be safe,” he said.

Delancey is still looking for housing, which Swann, of Preble Street, said is increasingly unaffordable and has contributed to the dramatic escalation of Portland’s homelessness.

“There was a time not that long ago, about seven years ago, when it was extremely rare in Greater Portland to see somebody sleeping outside,” Swann said. “There were eight or nine nonprofits running shelters along with the city at that time, and a really robust planning mechanism. That stopped on a dime.”

David George Delancey sat in the homeless services center cafeteria.Lane Turner/Globe Staff

Under former governor Paul LePage, the state cut its reimbursement rate for general-assistance funding, which communities can use for shelter costs, to 70 percent from 90 percent, Swann said. For Portland, a tourist destination with a lively food and arts scene, that decrease squeezed its ability to serve the homeless, he added.

“People do not disappear when you do not shelter them, and almost overnight dozens and dozens of people could not find a safe place to sleep with a roof over their heads,” Swann said.

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Other reasons for the spike included the mass social disruptions caused by COVID, a shortage of housing vouchers, and a steep rise in Portland’s cost of living. The city’s real-estate prices, including rents, have soared along with an increase in gentrification.

A point-in-time survey in January 2023 by MaineHousing, an independent state agency, found 4,258 people were homeless in Maine, a nearly fourfold increase over the 1,097 who were recorded in 2021.

“The other big challenge is that Maine has a serious opioid problem, one of the highest per-capita rates in the nation,” said Andew Bove, vice president of social work at Preble Street, which has 108 beds at three shelters in the city. “Many of the people we see sleeping out, a high percentage, have opioid-use disorder.”

Opioid fatalities have declined in Portland this year, to 14 deaths through October compared with 39 through October 2023, according to police statistics. But nonfatal overdoses have increased, to 459 from 399 over the same period.

Dion said opioid use in the camps, and its related safety concerns, were important drivers of the decision to raze them.

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“There was a lot of violence and exploitation directed against women in that population,” as well as theft in abutting neighborhoods, said Dion, who was elected to the City Council in 2020. “It went from being incidental to dominating the landscape of the city. At City Hall, it sucked the oxygen from every other issue.”

On the streets, the homeless continue to congregate during the day, primarily in the Bayside neighborhood, which is home to several social service providers.

Matt Brown, who founded an outreach group called Hope Squad, said it’s painfully apparent that more needs to be done, especially with winter approaching.

“I see people here, and I can almost see putting them in a [body] bag,” said Brown, a former federal parole officer, as he walked through Bayside recently.

“The uncertainty of what’s going to happen in the next few months is really scary,” he added. “Your garden-variety citizen doesn’t know exactly what’s going on.”

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Brian MacQuarrie can be reached at brian.macquarrie@globe.com.





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