LNG: Lack of rights to intertidal zone may kill DELNG’s proposal to FERC

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Filed By: Save Passamaquoddy Bay
Filed Date: 11/27/2012
Accession No: 20121127-5014
Description: Prescriptive use of Downeast LNG intertidal zone, comment of Save Passamaquoddy Bay under CP07-52, et. al.

Summary: Recent Maine court decisions establish recreational “prescriptive use” of intertidal zones under the same conditions as at the proposed Downeast LNG terminal intertidal zone.

“Prescriptive use” means that if the intertidal zone has been used by the public for non-fishing, fowling, or navigation purposes (e.g., for recreation) in a manner adverse to the owner’s interests for at least 20 years, then the owner cannot obstruct the public from using that intertidal zone.

The intertidal zone from Mill Cove to Pulpit Rock, inclusive, has had recreational prescriptive use for nearly 200 years, and even longer cultural use by the Passamaquoddy. Downeast LNG, FERC, and the US DOT cannot now restrict the use of that intertidal zone. Therefore, security requirements for the proposed Downeast LNG jetty cannot be met..

Downeast LNG does not have the required property rights to continue permitting. Save Passamaquoddy Bay asks FERC to dismiss with prejudice (dismiss, without the ability to re-apply) Downeast LNG’s permit applications.

Information: FILE LIST

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