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March 25, 2013

Tank opponents threaten suit over review

Opponents of a 23-million-gallon liquid propane tank in Searsport have filed a notice of intent to sue the Army Corps of Engineers over what they say was an improperly granted permit for the project.

The Isleboro Islands Trust and the primary tank opposition group, Thanks But No Tank, allege in their letter that the Army Corps violated the National Environmental Policy Act and Clean Water Act in drafting its environmental assessment and a separate permit under the Clean Water Act in 2012, according to a press release.

The letter of intent says the conditions under which the permit was granted have changed significantly and that it should be revoked and another review process should begin.

The group has filed a similar lawsuit against the Maine Department of Environmental Protection, which also gave the go-ahead to the project. That suit awaits a decision from the Maine Supreme Judicial Court, according to the Bangor Daily News.

The group claims the demand for importing liquefied petroleum gas has decreased and that federal regulators should review the potential impact of exporting that fuel from Searsport.

Aside from possible legal challenges, the project needs only local planning board approval to move ahead, according to the paper. It is scheduled to go before the Searsport planning board Wednesday and Thursday. After prolonged public hearings on the controversial tank proposal, the hearings this week will only be open to discussion by members of the planning board unless other comment is specifically requested by the board's members.

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