• The Lincoln Appeals Board ignored judicial precedent when it improperly denied Frieds of Lincoln Lakes a chance to appeal a town permit of a proposed $130 million industrial wind site on Rollins Ridge, the group's attorney said in a brief filed with the state's top court. Click here to read a .pdf copy of the brief
• 6. BEP-09-467 Friends of Lincoln Lakes et al. v. Board of Environmental Protection Attorneys: Lynne Williams and Juliet T. Browne, Scott D. Anderson, Gordon R. Smith, Margaret Bensinger, Amy Mills • The Friends of Lincoln Lakes and certain individuals (collectively, “FOLL”) appeal, pursuant to 38 M.R.S. § 346(4) (2009), from a decision of the Board of Environmental Protection which affirmed an order of the Department of Environmental Protection approving the issuance of permits to Evergreen Wind Power III, LLC, to construct a wind energy generation facility. FOLL argues that: (1) the Board’s determination that Evergreen met applicable licensing criteria with respect to noise is unsupported by substantial evidence in the record; (2) the Board’s determination that Evergreen demonstrated that the proposed project would minimize the impact to wildlife habitats is unsupported by substantial evidence in the record; (3) 38 M.R.S. § 346(4), concerning the taking of appeals from orders or decisions of the Board regarding applications for expedited wind energy development directly to this Court, is unconstitutional; and (4) 38 M.R.S. § 344(2-A)(A)(1) (2009), precluding the Board from being asked to assume jurisdiction of expedited wind energy development permitting applications, is unconstitutional. More or read the Full Brief • Appeal to BEP accepted 06/02/09 • Appeal to the Board of Environmental Protection 05/21/09 • Town of Lincoln Rollins Wind Project TIF Webmaster, 100510