MAINE PUBLIC • July 9, 2024
Conservation groups are cheering an appeals court decision they say will help to preserve some state oversight in the relicensing process for the Shawmut Dam on the Kennebec River. The state initially drafted a denial of the water quality certification for the dam, operated by Brookfield Renewable, in 2021, as part of a federal dam relicensing process, pointing to concerns about the passage of endangered Atlantic salmon. Brookfield submitted an updated proposal, including significant modifications a few weeks before the state faced a deadline to act on it. The Maine DEP denied the application, saying that the state didn't have time to evaluate significant changes and needed additional information. Brookfield argued that, in its denial, Maine waived its right to participate in the relicensing process. FERC rejected that argument, and Brookfield then filed a petition for an appeals court to review the commission's order. The court ruled against Brookfield in a decision on July 5.