In the near future, we expect to hear the Law Court’s decision on the Title Right and Internet (TRI) case, a crucial ruling that will decide who owns a section of intertidal land that Nordic intends to run its pipelines through. Upstream Watch is optimistic that the Law Court agrees with us – that Mabee/Grace have always owned the intertidal land, and that the conservation easement created by Upstream in 2018, and currently held and protected by the Friends of Harriet Hartley, has always been valid.
A favorable ruling will force Nordic, and the City of Belfast, back into court in Waldo County, where they will have to defend the city's use of eminent domain to take the intertidal land. Nordic will have Upstream, Grace/Mabee and The Friends of Harriet Hartley to contend with in that case, as well as the Maine Attorney General’s office, who is tasked with defending the conservation easement.
In addition to the TRI case, Upstream has two other pending appeals in process. Our appeal of the Board of Environmental Protection’s Nordic permits is fully briefed and awaiting the scheduling of oral arguments to the Maine Law Court. We're also appealing the decision by Justice Murray in Waldo County to dismiss our appeal of the Belfast Zoning Board of Appeals due to “lack of standing.” Our brief on that appeal is due by mid-December.
