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Maine, Canada at Odds Over LNG: Premier's Position ?Unequivocal' As Baldacci Takes Issue to White House
Tuesday, September 29, 2009 2:53 PM


(Source: Bangor Daily News (Bangor, Maine))trackingBy Kevin Miller, Bangor Daily News, Maine

Sep. 29--AUGUSTA, Maine -- Leaders of Maine and New Brunswick remain deadlocked over the issue of liquefied natural gas tankers in Head Harbor Passage despite recent pledges to work together on energy issues.

During a meeting in New Brunswick last week, the New England governors and premiers of eastern Canadian provinces discussed ways to work more cooperatively to turn the region into an energy powerhouse.

That spirit of cooperation doesn't appear to have thawed the ice jam between Maine and New Brunswick over LNG, however.

On Monday, New Brunswick Premier Shawn Graham reiterated his government's firm opposition to allowing LNG tankers to pass through Head Harbor Passage en route to LNG terminals that have been proposed for the Calais area.

"The province's position remains unequivocal: We oppose the proposed locating of an LNG terminal in Passamaquoddy Bay because of its impacts on New Brunswick," Graham wrote in a commentary published in the Telegraph-Journal newspaper in Saint John, New Brunswick.

"Our environment would be negatively affected, the tourism and environment-based economy of the region would suffer, and the safety and security of the region could be compromised."

A spokesman for Maine Gov. John Baldacci said the governor has seen the op-ed piece and disagrees with some of claims made by his counterpart north of the border. For instance, more than 100 large cargo ships transit the passage safely every year, spokesman David Farmer said.

The two men discussed the issue briefly during last week's summit but spent most of the time talking with the other leaders about areas of cooperation, such as helping bring more green and renewable energy to U.S. markets.

"We believe Maine has an international right to passage along these waters, and that's an area where we are in deep disagreement with the government in New Brunswick," Farmer said.

Baldacci has raised his concerns with representatives of the U.S. State Department, the Canadian government and with senior members of President Barack Obama's staff during a recent meeting at the White House.

There are several proposals for LNG facilities on the Maine side of Passamaquoddy Bay, none of which have received regulatory approval.

Canadian officials have threatened to block any LNG tankers from using Head Harbor Passage en route to the proposed facilities on safety and environmental grounds.




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9/29/2009 5:06:59 PM
Save Passamaquoddy Bay by Robert Godfrey
Maine Governor Baldacci is violating his own administration's Energy Policy that requires a year-long "dialogue" on LNG to determine if Maine should or should not have LNG import infrastructure. That dialogue has not yet begun, but Gov. Baldacci is out lobbying for the LNG industry.

The US is not a party to the UN Convention on the Law of the Sea (UNCLOS), and therefore -- as is clearly pointed out in the treaty -- has no rights under it. But even if it were to have that right, there is an extra-innocent passage issue that trumps it:

1) Congress gives the US Coast Guard the authority and responsibility to grant or deny LNG transits in Canada's Head Harbour Passage and Passamaquoddy Bay.

2) The Coast Guard could have denied LNG transits in the passage, although it made the opposite decision.

2) All sovereigns are equal.

3) Since all sovereigns are equal, and since the US claims to have the authority to deny LNG transits, then so does Canada.

4) Canada has made its determination that the waterway is unfit for LNG transits.

Therefore, the US claim to innocent passage is undone by its own Congressional requirement of the Coast Guard regarding decisions over Canada's waters.

The US argument is moot.
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