Dam owners appeal denial of water quality certificate in Supreme Court

The state’s top legal gaze will fall on the Union River dams after Brookfield Renewable on Dec. 6 filed a notice of appeal in Maine Supreme Court. Brookfield owns and operates Black Bear Hydro Project’s two dams on the river but in March 2020 was denied a water quality certificate by the state’s Department of Environmental Protection (DEP). Brookfield needs a state-issued water quality certificate before the Federal Energy Regulatory Commission approves renewing its license to operate the dams. “Our organization remains very disappointed by Brookfield’s refusal to comply with Maine’s water quality standards,” DSF Executive Director Dwayne Shaw said. “Their delay tactics and appeals run counter to their self-described sustainability standards. DSF stands ready to enter the Supreme Court proceedings as an Intervenor to assure Brookfield is held accountable for the horrendous water quality and ongoing fish kills for which they are solely responsible.”