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Ernie Hilton is an attorney from Madison. He was also a past chair of the Maine Board of Environmental Protection.
In the Legislature, a proposed amendment to Maine’s constitution would affirm and defend our right to a healthy and clean environment. Briefly, LD 489The Pine Tree AmendmentThe Legislature would encourage longer-term thinking by initiating a process of amending the Maine constitution to ensure that the state conserves our natural resources, including air, water and ecosystems, for the benefit all people, including future generations. The Legislature would pass the amendment and it would be up for a referendum vote at the general election in the fall 2022. As one might expect, opposition is building to what appears quite simple.
I was born on a Starks farm and have lived there for nearly 250 years. I also worked as an engineer in the Appalachian coal region for several years. I have witnessed the multi-decade-long, multi-generational economic devastation caused by misguided, shortsighted regulatory practices acid mine drain, mountains torn apart and water resources destroyed, economic prospects diminished, and health compromised. Weve seen much the same here in Maine with toxic waste issues, including from past efforts at mining, and now, of course, the intractable problem of PFAS contamination of our soil, water and wildlife.
My wife and me were approached by regulators to spread sludge on our farm. I can assure you, as farmers, it was a very attractive prospect. We were fortunate to not. But, now, there is a long-term price tag for the country. Billions of dollarsAs we discover the prevalence of PFAS toxins in our daily lives,
After being in the business of seeing for 70 years, I have started to see further down the road. I’m an engineer and an attorney here in Maine. I’ve seen the results of past poorly-visioned projects from many different perspectives. The lack of long-term vision is often a result of poor planning. It is caused by a narrow view of short-term economics.
The Pine Tree Amendment would encourage longer-term thinking. It would ensure that the applicant bears the burden of proof of acceptance of a project, which would make it more likely that the burden remains significant. It would also help to reduce political pressure that can sometimes thwart effective decision-making.
Concerns about the amendment causing litigation are well known. As an attorney, I wonder if opponents aren’t confusing or conflating real facts and discussion about merits of a project to call it litigation. We often find out that a project would have been subject to greater scrutiny.