Russell Black et al. v. Bureau of Parks and Lands et al.

The Maine Judicial Branch has set up this web page to post information on Black v. Bureau of Parks and Lands, Business and Consumer Docket docket number BCDWB-CV-2020-29, Law Court docket number BCD-21-257.

On August 10, 2021, the Business and Consumer Docket, Murphy, J., issued a decision and order reversing the decision of the Maine Bureau of Parks and Lands to lease certain land to Central Maine Power Company for the New England Clean Energy Connect electric transmission line, and ordering other relief. On August 13, 2021, Central Maine Power, NECEC Transmission, LLC, and the Bureau appealed to the Law Court from that order.

The order and all public documents (documents that are non-confidential and not sealed) in the Law Court will be posted on this page as they become available. Please check this page for updates and documents related to the case.

Case information and public documents will be removed from the website once the case is no longer active or considered of great interest to the media and the public.

Oral Argument was held on Tuesday, May 10, 2022, at 1:30 p.m. The arguments in this case and in the related case of NECEC Transmission LLC et al. v. Bureau of Parks and Lands et al., are temporarily available in an unedited video on the Court's YouTube channel. Final edited versions of the videos will be posted here soon.

Documents

• May 5, 2022: Recusal of Justice Lawrence
• May 4, 2022: Citation of supplemental authorities filed by Russell Black et al.
• February 7, 2022: Order granting motion to "defer oral argument date"
• February 3, 2022: Opposition to motion of appellant/cross-appellee NECEC Transmission LLC to defer oral argument filed by Russel Black et al.
• January 31, 2022: Order denying "request for leave to file a response to appellant's motion to defer or consolidate"
• January 27, 2022: Motion to defer oral argument date filed by NECEC Transmission LLC
• January 25, 2022: Opposition to request for leave to file a response to appellants' motion to defer or consolidate filed by NECEC Transmission LLC
• January 24, 2022: Reply brief in response to amicus briefs, filed by Russell Black et al.
• January 24, 2022: Reply brief filed by Central Maine Power Company and NECEC Transmission LLC
• January 24, 2022: Reply brief filed by the Bureau of Parks and Lands
• January 18, 2022: Motion for leave to file a response to appellant's motion to defer or consolidate filed by Kent Ackley et al.
• January 14, 2022: Opposition to the motion to dismiss filed by Central Maine Power Company and NECEC Transmission LLC
• January 12, 2022: Opposition to the motion to dismiss filed by the Bureau of Parks and Lands
• January 11, 2022: Order on Motion of Amicus Curiae H.Q. Energy Services (U.S.), Inc., for Leave to File Opposition to Motion to Dismiss Appeal
• January 10, 2022: Recusal of Associate Justice Andrew M. Mead
• January 4, 2022: Opposition Central Maine Power Company and NECEC Transmission LLC's opposition to H.Q. Energy Services (U.S.) Inc.'s motion for leave to file response
• January 3, 2022: Brief of amici curiae Troy Jackson, Ben Chipman, Eloise Vitelli, Craig Hickman, Chloe Maxmin, Scott Cryway, Paul Davis, Patrick Corey, and Jennifer Poirier
• January 3, 2022: Brief of appellees/cross-appellants Russel Black et al.
• December 30, 2021: Motion Amicus Curiae H.Q. Energy Services (U.S.) Inc.'s request for leave to file a response to appellees'/cross-appellants' motion to dismiss all appeals as moot
• December 29, 2021: Order Enlarging Time to Respond to Motion to Dismiss
• December 28, 2021: Motion Motion to extend deadline for opposing Black's motion to dismiss all appeals as moot filed by the Bureau of Parks and Lands et al.
• December 23, 2021: Order On Motions Of Appellants To Enlarge Time For Their Reply Briefs
• December 23, 2021: Motion to dismiss filed by Russell Black et al.
• December 22, 2021: Motion to extend deadline for reply brief filed by Central Maine Power Company and NECEC Transmission LLC
• December 21, 2021: Order Enlarging Time for Response to Briefs of Amici Curiae
• December 21, 2021: Motion to Extend Deadline to Respond to Amicus Briefs filed by Russell Black et al.
• December 15, 2021: Briefs of amici curiae filed:
  • Orlando Delogu
  • Joshua Reynolds
  • Maine Forest Products Council
  • H.Q. Energy Services (U.S.) Inc.
• November 15, 2021: Brief of appellants Central Maine Power Company and NECEC Transmission LLC
• November 15, 2021: Brief of appellant Bureau of Parks and Lands
• November 15, 2021: Appendix filed by the Bureau of Parks and Lands
  • Volume 1
  • Volume 2
• November 8, 2021: Order Permitting Seond Volume of Appendix
• November 5, 2021: Letter from counsel for Central Maine Power Company and NECEC Transmission LLC regarding the pending motion to permit a second volume of the appendix
• November 4, 2021: Motion to Allow a Second Volume of the Appendix filed by
the Bureau of Parks and Lands
• September 30, 2021: Order Enlarging Page Limits and Permitting Amicus Briefs
• September 28, 2021: Motion to enlarge page limits and permit amicus briefs filed by Central Maine Power Company et al.
• September 20, 2021: Briefing schedule
• September 17, 2021: Order on Appellees/Cross'Appellants' Motion to Lift Automatic Stay
• September 13, 2021: Recusal of Justice Catherine R. Connors
• September 9, 2021: Recusal of Justice Andrew M. Mead
• September 9, 2021: Recusal of Justice Ellen A. Gorman
• September 7, 2021: Opposition to Appellees/Cross-Appellants' Motion to Lift Automatic Stay Pending Appeal filed by Central Maine Power Co. et al.
  • Affidavit of Thorn C. Dickinson attached to opposition.
• September 7, 2021: Opposition to Senator Black's Motion to Lift Automatic Stay Pending Appeal filed by the Bureau of Parks and Lands
• August 27, 2021: Order enlarging time
• August 26, 2021: Motion to Extend Time to Reply to Motion to Lift Stay filed by Central Maine Power Co. et al.
• August 24, 2021: Motion to Lift Automatic Stay Pending Appeal filed by Russell Black et al.
• August 16, 2021: Notice of Docketing in the Law Court
• August 16, 2021: Registry of Actions of Business and Consumer Docket
• August 13, 2021: Notice of appeal of the Bureau of Parks and Lands
• August 13, 2021: Notice of appeal of Central Maine Power and NECEC Transmission LLC
• August 10, 2021: Business and Consumer Docket order.

Media Contact

Members of the media who require assistance may contact Amy Quinlan, Esq., Director of Court Communications Government and Media Counsel at (207) 822-0716 or amy.quinlan@courts.maine.gov.