BANGOR DAILY NEWS • August 31, 2022
The Maine Supreme Judicial Court’s decision on the validity of the referendum that rejected the Central Maine Power Co. transmission line corridor in western Maine is a muddle. Faced with one of the most closely watched decisions of its recent tenure, the court essentially punted. The court didn’t decide if the company has “vested rights” in the project, by way of investments in and construction already done on the transmission line. The justices sent that back to a lower business court. Another Maine supreme court decision concerning the validity of a lease of state land for a section of the 145-mile corridor remains pending. It all adds up to a lot of uncertainty with Mainers and CMP and its partners left wondering about the status of the project. Beyond the incomplete decision, the court’s analysis comes too late. The constitutionality of ballot questions should be determined — or at least significantly clarified with an advisory opinion — before they are put to voters.