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A bottled water company is accused of political skullduggery in Maine.

BlueTriton, the company that produces Poland Spring bottled water, is quietly trying to gut a Maine bill that would limit the number of years that such businesses can ship its water out of state, The New York Times reports. The proposed legislation would reduce the length of such contracts to seven years, far short of the 45 years sought by BlueTriton. The seven-year cap would give Maine greater flexibility to, in effect, turn off BlueTriton's spigot if climate change and drought affect the state's future water supply.
“We’re seeing our communities get locked into these contracts that are going to last, basically, the rest of my lifetime,” Margaret O’Neil, the Democratic state legislator who introduced the bill, told the Times. Though it received a majority committee vote on its way to the full legislature, the measure seems to have been stalled by a BlueTriton lobbyist who reportedly urged lawmakers to “strike everything.” Sure enough, the bill was rescinded, and now faces an uncertain future.
“We couldn’t believe it. Their amendment strikes the entire bill,” Democratic state representative Christopher Kessler told the Times. “Because all this happened behind closed doors, the public doesn’t know that Poland Spring stalled the process.” A new section on BlueTriton’s website asserts that “we take a principled approach to assessing proposed regulations” and that the company is “committed to transparency and accountability, and [we] are open about our involvement in the legislative process.”
As climate change and overuse threatens the country’s aquifers, the role of bottlers such as BlueTriton has come under greater scrutiny, especially in drought-prone areas. In September, California’s water board blocked BlueTriton's use of a San Bernardino county watershed, and in Michigan, proposed legislation would prohibit the out-of-state shipment of bottled water. And though Maine's groundwater supplies appear to be largely healthy and rainfall in the region is expected to increase as the planet warms, the state has also experienced significant droughts in recent years, including one from 1999 to 2002 that dried out an estimated 17,000 private wells. As a group of researchers at the University of Maine’s Climate Change Institute wrote in 2020, “There is considerable uncertainty whether drought will become more frequent in the future, presenting further challenges to decision-making.”
BlueTriton, meanwhile, maintains that “some of our oldest brands have sourced water from many of the same springs for decades, and we are continuing to conserve them for their vitality tomorrow.” Though the company sources water from eight different areas of Maine, it neglects to mention that the iconic spring in the town of Poland, which gave the brand its start, ran dry in 1967.
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A third judge rejected a stop work order, allowing the Coastal Virginia offshore wind project to proceed.
Offshore wind developers are now three for three in legal battles against Trump’s stop work orders now that Dominion Energy has defeated the administration in federal court.
District Judge Jamar Walker issued a preliminary injunction Friday blocking the stop work order on Dominion’s Coastal Virginia offshore wind project after the energy company argued it was issued arbitrarily and without proper basis. Dominion received amicus briefs supporting its case from unlikely allies, including from representatives of PJM Interconnection and David Belote, a former top Pentagon official who oversaw a military clearinghouse for offshore wind approval. This comes after Trump’s Department of Justice lost similar cases challenging the stop work orders against Orsted’s Revolution Wind off the coast of New England and Equinor’s Empire Wind off New York’s shoreline.
As for what comes next in the offshore wind legal saga, I see three potential flashpoints:
It’s important to remember the stakes of these cases. Orsted and Equinor have both said that even a week or two more of delays on one of these projects could jeopardize their projects and lead to cancellation due to narrow timelines for specialized ships, and Dominion stated in the challenge to its stop work order that halting construction may cost the company billions.
The decision marks the Trump administration’s second offshore wind defeat this week.
A federal court has lifted Trump’s stop work order on the Empire Wind offshore wind project, the second defeat in court this week for the president as he struggles to stall turbines off the East Coast.
In a brief order read in court Thursday morning, District Judge Carl Nichols — a Trump appointee — sided with Equinor, the Norwegian energy developer building Empire Wind off the coast of New York, granting its request to lift a stop work order issued by the Interior Department just before Christmas.
Interior had cited classified national security concerns to justify a work stoppage. Now, for the second time this week, a court has ruled the risks alleged by the Trump administration are insufficient to halt an already-permitted project midway through construction.
Anti-offshore wind activists are imploring the Trump administration to appeal this week’s injunctions on the stop work orders. “We are urging Secretary Burgum and the Department of Interior to immediately appeal this week’s adverse federal district court rulings and seek an order halting all work pending appellate review,” Robin Shaffer, president of Protect Our Coast New Jersey, said in a statement texted to me after the ruling came down.
Any additional delays may be fatal for some of the offshore wind projects affected by Trump’s stop work orders, irrespective of the rulings in an appeal. Both Equinor and Orsted, developer of the Revolution Wind project, argued for their preliminary injunctions because even days of delay would potentially jeopardize access to vessels necessary for construction. Equinor even told the court that if the stop work order wasn’t lifted by Friday — that is, January 16 — it would cancel Empire Wind. Though Equinor won today, it is nowhere near out of the woods.
More court action is coming: Dominion will present arguments on Friday in federal court against the stop work order halting construction of its Coastal Virginia offshore wind project.
A federal court has once again allowed Orsted to resume construction on its offshore wind project.
A federal court struck down the Trump administration’s three-month stop work order on Orsted’s Revolution offshore wind farm, once again allowing construction to resume (for the second time).
Explaining his ruling from the bench Monday, U.S. District Judge Royce Lamberth said that project developer Orsted — and the states of Rhode Island and Connecticut, which filed their own suit in support of the company — were “likely” to win on the merits of their lawsuit that the stop work order violated the Administrative Procedures Act. Lamberth said that the Trump administration’s stop work order, issued just before Christmas, amounted to a change in administration position without adequate justification. The justice said he was not sure the emergency being described by the government exists, and that the “stated national security reason may have been pretextual.”
This case was life or death for Revolution Wind. If the stop work order had not been enjoined, Orsted told the court it may not have been able to secure proper vessels for at-sea construction for long enough to complete the project on schedule. This would have a domino effect, threatening Orsted’s ability to meet deadlines in signed power agreements with Rhode Island and Connecticut and therefore threatening wholesale cancellation of the project.
Undergirding this ruling was a quandary Orsted pointed out to the justice: The government issued the stop work order claiming it was intended to mitigate national security concerns but refused to share specifics of the basis for the stop work order with the developer. At the Monday hearing on the injunction in Washington, D.C., Revolution Wind’s legal team pointed to a key quote in a filing submitted by the Justice Department from Interior Deputy Assistant Secretary Jacob Tyner, saying that the Bureau of Ocean Energy Management, the federal offshore energy regulator, was “not aware” of whether the national security risks could ever be mitigated, “and, if they can, whether the developers would find the proposed mitigation measures acceptable.”
This was the first positive outcome in what are multiple legal battles against the Christmas stop work orders against offshore wind projects. As I reported last week, two other developers filed individual suits alongside Orsted against their respective pauses: Dominion Energy in support of the Coastal Virginia offshore project, and Equinor over Empire Wind.
I expect what happened in the Revolution Wind case to be the beginning of a trend, as a cursory examination of the filings in those cases indicate similar contradictions to those that led to Revolution winning out. We’ll find out soon: The hearing on Empire’s stop work order is scheduled for Wednesday and Coastal Virginia on Friday.