Friends of Maine’s Mountains v. Board of Environmental Protection

In October 2010, Saddleback Ridge Wind, LLC (Saddleback) applied to the Maine Department of Environmental Protection (the department) for a permit to construct a 12-turbine wind-energy development. Saddleback’s application included a noise-impact study that assessed the effects of turbine noise on 34 residences located near the project site. Friends of Maine’s Mountains, Friends of Saddleback Mountain, and several individuals (collectively, Friends) (plaintiff) objected to Saddleback’s permit application, citing the alleged health effects of turbine noise. While Saddleback’s permit application was pending, the Maine Board of Environmental Protection (the board) (defendant) studied wind-development-related noise and considered whether to amend the state’s noise regulations. In September 2011, the board provisionally adopted an amendment to the regulations that lowered the nighttime-sound-level limit for wind-energy projects from 45 decibels to 42 decibels. The board determined that decreasing the sound-level limit was necessary to minimize wind projects’ negative health impacts on nearby residents. Three weeks later, the department granted Saddleback’s permit application and incorporated a nighttime-sound-level limit of 45 decibels. Saddleback’s application indicated that the proposed wind-development project met the 45-decibel limit, but Saddleback had not attempted to show that the project could meet the amended 42-decibel limit. Friends appealed the department’s decision to the board, which had appellate jurisdiction to review certain of the department’s decisions. In February 2012, the board affirmed the department’s approval of Saddleback’s permit application and specifically affirmed the department’s decision to apply the 45-decibel nighttime-sound-level limit. The board noted that, according to Saddleback’s noise-impact study, the most significantly affected residence near the project would experience nighttime sound levels of 44 decibels. The board thus found that residents near the project would be subjected to a nighttime sound level under 45 decibels, even though there was no evidence that the sound levels would decrease fully to a 42-decibel level. Friends appealed the board’s order.