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Maine environmental board delays final decision on NECEC conservation plan

Maine environmental board delays final decision on NECEC conservation plan
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Maine Board of Environmental Protection Postpones Final Decision on NECEC Conservation Plan

Augusta, Maine – The Maine Board of Environmental Protection (BEP) decided Thursday to delay its final ruling on the validity of the conservation area linked to the New England Clean Energy Connect (NECEC) transmission line, leaving the issue in limbo. The board’s five‑hour session, held in the Augusta Armory, ended with a request for additional data from the Department of Environmental Protection (DEP) before a definitive decision can be made.

The conservation plan, which was approved by the BEP in November 2025, was intended to mitigate habitat disruption caused by the 53‑mile, 150‑foot‑wide NECEC line that runs through heavily forested rural Maine. The line, which began commercial operations last January, carries 1,200 megawatts of Canadian hydroelectric power to Massachusetts. The BEP’s 2022 order directed NECEC to develop a conservation plan that would protect habitat connectivity and mature forests, but the plan has been the subject of a decade‑long dispute.

Environmental groups challenge the plan’s effectiveness

Environmental organizations, including the Appalachian Mountain Club and other conservation groups, appealed the BEP’s approval in December 2025, arguing that the 50,000‑acre conservation area failed to meet the board’s standards. They point out that the land is owned by Weyerhaeuser, a company that has heavily harvested the forest, and that the conservation area is fragmented by U.S. Route 201 and other roads and transmission lines. A forest ecologist’s analysis revealed that less than 0.2 percent of the trees in the area are more than 100 years old, and only 7 percent of the forest has trees taller than 50 feet—figures that fall short of the mature forest criteria set by the BEP order.

“We’re not convinced there’s any mitigation whatsoever,” said BEP Chair Robert Duschene during the Thursday hearing. “It looks like the conservation plan doesn’t really address the habitat connectivity or mature forest requirements.”

The groups contend that the plan would effectively allow Weyerhaeuser to continue logging until the trees mature, which would take decades. “In effect, none of the forest would ever become mature except for the 7,000 acres protected because of wetlands,” said attorney David Kallin, who represents the Appalachian Mountain Club. “The NECEC approach is a step backward.”

NECEC’s counter‑argument

NECEC attorneys argued that the environmental groups were the ones who first identified the area for conservation and that the board never set a stringent definition for mature forest beyond what was required in the 2022 order. “This appeal is a complete about‑face,” said NECEC attorney Lisa Gilbreath. “It would be nearly impossible for NECEC to find nearby land that meets the high standard the board is now demanding.”

The company also pointed out that the board’s original approval recognized the conservation area’s direct connections to more than 400,000 acres of other conserved land, suggesting that it had “significant conservation value.”

Department of Environmental Protection staff recommendation

A DEP staff memo released earlier this week recommended that the BEP deny the appeal outright. However, BEP members expressed disagreement with the draft order’s basis and declined to adopt the recommendation. Instead, the board asked DEP staff to provide more information on mature forest coverage and habitat connectivity before drawing a conclusion.

“We need a clearer understanding of how the conservation area truly protects habitat and mature forest,” said a BEP member. “Without that, we can’t say whether the plan meets the requirements set in 2022.”

Implications for future projects

While the NECEC line is already operational and the conservation plan has not yet been formally rescinded, the pending decision could set an important precedent. Environmental advocates warn that approving the company’s plan might allow other large‑scale energy projects to proceed without adhering to strict habitat protection guidelines.

“Approving NECEC’s plan would give other developers a green light to cut through forested areas with minimal safeguards,” said Kallin. “We need to keep the bar high to protect Maine’s old‑growth forests.”

Next steps

The BEP has not announced a date for a final ruling. DEP staff will return to the board with additional data and a revised draft order, but no timetable has been set. The conservation area remains in legal limbo, while the NECEC transmission line continues to transport renewable energy across the region.

The debate over the NECEC conservation plan underscores the broader challenge of balancing Maine’s growing energy needs with the preservation of its forest ecosystems. Whether the board ultimately upholds or overturns the plan will shape the state’s approach to conservation and development for years to come.

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Maine News Now

Maine News Now

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