Opponents to appeal Business and Consumer Court ruling on Nordic Aquafarms’ permits

Earlier today, Business and Consumer Court Justice Michaela Murphy denied all counts in a Rule 80C appeal filed by six opponents of Nordic Aquafarms. The appeal was jointly filed by attorneys for HLH, Upstream Watch, landowners Mabee and Grace, the Maine Lobstering Union representatives, and local Belfast lobstermen Wayne Canning and David Black. The HLH Board of Directors voted to appeal Justice Murphy’s ruling on several grounds. We understand Upstream Watch will appeal other elements of the decision.

Opponents challenged Nordic’s “title, right, or interest” (TRI) in the intertidal mudflats it must access with its water intake and wastewater discharge pipelines and defects in decisions the Board of Environmental Protection (BEP) made in granting Nordic the permits and licenses required by the Natural Resources Protection Act, the Site Location of Development Act, Clean Water Act, Clean Air Act, and Maine state law regulating wastewater discharge and receiving water degradation.

We are disappointed Justice Murphy ruled that BEP’s decision to accept Nordic’s permit applications was justified and that the Board acted within its authority when it approved Nordic’s permit and license applications on November 19. 2020. Today’s ruling does not, however, affect our pending appeal before the Maine Supreme Judicial Court on the ownership issues.