“You also have to show that the retroactive legislation that affects that property interest doesn't further a legitimate legislative purpose by rational needs, or is arbitrary and capricious,” Bolton said. … Those risks cannot be put on the developer once rights have vested.”ĭefending the Maine agencies named in the suit, assistant attorney general Jonathan Bolton argued that the corridor - formally called New England Clean Energy Connect, or NECEC - has not earned the right to proceed. ![]() “What it doesn’t know is that, several years into the project, after commencement and completion of substantial construction pursuant to those valid permits, the rules are going to change. ![]() “There’s going to be risks the developer takes on, but it knows those risks when it starts the project,” Avangrid attorney John Aromando said. ![]() Debate over the injunction centered on whether the utility and its owner Avangrid have attained what are called “vested rights” to move forward, or to what extent they assumed the risk that the project could stall when they started construction with various legal issues still unresolved.
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