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Maine lawsuit challenges whether voters can overturn state agency orders (2020)

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May 12, 2020

A new lawsuit asks whether the Maine Constitution allows citizens to use ballot initiatives to reverse agency orders. On May 12, Avangrid Networks, Inc. asked the Cumberland County Superior Court to block a ballot initiative that aims to overturn a Maine Public Utilities Commission (PUC) decision to grant Central Maine Power Company (CMP) a permit to build new electricity transmission lines.

Opponents of the electricity project gathered enough signatures to put the ballot initiative before voters during the November 3 election but Avangrid argued that the initiative is unconstitutional.

According to Article IV of the Maine Constitution, citizens may exercise the legislative power through direct initiative. Avangrid argued that this particular initiative goes beyond an exercise of legislative authority by the people because “it would enact no law, would repeal no law, and would amend no law.” Instead of changing how the agency awards Certificates of Public Convenience and Necessity (CPCN), the ballot initiative would reverse a single PUC order granting a CPCN for the electricity project.

Avangrid argued that letting the ballot initiative move forward would violate the separation of powers provision found in Article III of the Maine Constitution. The company stated that the initiative would exercise executive authority by reversing an agency order and judicial authority by overturning a related court decision.

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