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Appeal of Northern Pass Transmission, LLC

ELR Citation: 49 ELR 20121
Nos. 2018-0468, (N.H., 07/19/2019)

A state high court upheld the New Hampshire Site Evaluation Committee's denial of a utility company's application for siting, construction, and operation of a high-voltage transmission line to carry electricity from Canada into New England. The company argued the committee failed to consider all relevant information for the project before reaching its decision. The court disagreed, finding that the committee sufficiently considered the views of many municipalities along the project's route before concluding that the project would have a negative impact on land uses in many communities in the region affected. The company also challenged the committee's determination that it was not required to consider mitigating measures that could have reduced or eliminated project impacts because the company had failed to demonstrate that its project would not unduly interfere with orderly development of the region. The court found that the committee's decision not to consider the proposed mitigation measures was supported by its reasoning that it could not determine whether the measures were appropriate because the company had failed to adequately analyze the effects of the project. It therefore affirmed the denial.