Court rejects Maine hydro developer’s permit challenge

By Miranda Willson | 07/08/2024 01:31 PM EDT

In a victory for environmentalists, the U.S. Court of Appeals for the District of Columbia Circuit upheld Maine’s denial of the dam’s permit.

The Shawmut Dam spans the Kennebec River between Fairfield and Benton, Maine.

The Shawmut Dam spans the Kennebec River between Fairfield and Benton, Maine. The U.S. Court of Appeals for the District of Columbia Circuit rejected the dam owner's challenge over water quality permitting concerns. Robert F. Bukaty/AP

The owner of a Maine hydroelectric dam accused of imperiling Atlantic salmon lost a big legal challenge in the U.S. Court of Appeals for the District of Columbia Circuit on Friday, in a victory for environmentalists calling for the dam’s removal.

At issue was Brookfield Renewable Partners’ challenge of Maine’s decision refusing a water quality permit for the Shawmut Hydroelectric Project on the lower Kennebec River.

Built in 1912, the dam generates enough energy to power several thousand homes, but it blocks the passage of various fish species — most notably, the Atlantic salmon, which is endangered in Maine.

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The state denied Brookfield’s bid for a new water quality permit in October 2022, citing inadequate information about the project’s compliance with environmental requirements. Brookfield sued, claiming Maine had “waived” its oversight in the permitting process and failed to explain how the company could come into compliance.

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