BREAKING NEWS: Nordic Aquafarms seek to suspend permit as environmentalists gain momentum

Legal procedure sought to prevent outright loss of permit

BELFAST, April 7, 2023 - In the second major blow to fin fish aquafarming in as many years in Down East coastal waters, Nordic Aquafarms Friday filed papers to suspend its permit with the state while it deals with legal issues brought by environmental groups which have won major victories.

“Earlier this afternoon attorney Joanna Tourangeau asked DEP Commissioner Melanie Loyzim to suspend the permits granted to Nordic Aquafarms until ongoing litigation is settled enough to clarify the ‘construction start’ conditions in those permits,” A spokesman for the environmental groups stated.

Last year, the The Friends of Harriet L. Hartley won an unanimous Maine Supreme Court decision stating that the underlying tidal land over which Nordic’s pipes would run was indeed protected by a conservation easement.

Since then multiple parties, including Upstream Watch, filed more legal challenges questioning the actual ownership of the land and the City of Belfast’s taking of such land by eminent domain.

The petition by Nordic to suspend the permit was an acknowledgment that the environmentalists have the city and the company against the ropes and that the delays may mean Nordic may not be able to execute promised actions according to a schedule outlined in its permit.

Nordic’s attorney stated:

“During this interim period, it makes little sense to require Nordic to begin construction, which construction could be impacted by the outcome of certain still -pending judicial challenges. And yet, the Permits require construction within various deadlines, and compliance with various terms and conditions if the Commissioner does not act to suspend them, and toll the deadlines, terms and conditions contained therein, to address the current changed circumstances.

“Specifically, the above captioned permits will expire unless Nordic begins construction. In order to begin construction, Nordic must comply with numerous submission and condition compliance requirements which the Department must review and process.

“Moreover, as the plethora of appeals to -date establishes (including an appeal of compliance with a standard air license condition allowing for extension), construction prior to the Final Ownership Decision Date 4 would doubtless result in numerous additional challenges both at the Department level and in court. None of that is in the interest of the parties, or of administrative or judicial economy.”

In other words, there is no way Nordic can comply with the permit requirements in time because of the legal hurdles. It will be interesting to see if the heavily politically influenced Department of Environmental Protection will grant this suspension or let the permit process play out as originally intended.

“Attorney Tourangeau's suspension request to DEP puts a brave face on a desperate situation. The Friends of Harriet L. Hartley is confident that the conservation easement from Jeffrey Mabee and Judith Grace will be upheld; that the restrictions running with the 12.5-acre parcel inside Nordic's proposed plant site will be confirmed; and that Belfast's attempt to take Jeffrey and Judith's intertidal lands will be shown to be an unfortunate misuse of the city's eminent domain power,” the plaintiffs stated.

“We support an immediate decision by DEP Commissioner Loyzim to suspend Nordic's existing permits while the Department considers the Upstream Watch request to revoke those permits.”

A PDF copy of Tourangeau's request is attached.

If Nordic’s effort fails, it would be the second major proposal to collapse in two years in Maine. Last year, American Aquafarms similarly failed to meet permit requirements and suspended its operation to build two massive salmon farms in Frenchman Bay.

The Mills Administration, through its state agency policies and alliance with the aquaculture lobby, have been a stalwart supporter of industrial fish farms in the coastal waters of Maine.