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The Passamaquoddy tribe doesn’t need to follow state freedom of access laws as it negotiates with an Oklahoma firm to build a liquefied natural gas facility in Washington County.

At least that’s the ruling from the Superior Court, issued in December.

The tribe was sued by the Bangor Daily News and The Quoddy Tides newspapers last year seeking access to tribal council meetings concerning the LNG facility. The tribe refused to grant access, and the judge has ruled it was within its rights.

The debate over the LNG facility has taken on statewide significance. If ultimately built, it could create as many as 80 full-time jobs in an economically vulnerable part of the state and provide $6 million a year in revenue to the tribe.

Despite the obvious pluses, the development remains controversial. Fishermen are concerned that the increased ship traffic could affect their livelihoods, environmentalists are concerned about the impact on the coast and traditionalists fear it will undermine the quality of life around the bay.

Given the interest, it would be in the best interest of the tribe and its relationship with its neighbors to conduct business related to the LNG plant in the open. The tribe has decided, instead, to freeze out the non-tribal public.

The tribe alone, however, can not give approval to build the facility. The Federal Energy Regulatory Commission, along with state and local governments, must OK the location. There are at least three sites in Maine under consideration for an LNG terminal, including the Pleasant Point location.

By limiting public scrutiny of its negotiations, the tribe is needlessly antagonizing others who will be affected by the project.

A judge has given the tribe the argument it needs to shut out the public – barring a possible appeal by the two newspapers. But the tribe’s interests would be best served by celebrating the victory and then opening its meetings anyway. Otherwise, it risks further alienating people whose support it’s likely to need.

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