Thanks But No Tank (TBNT), a group opposing the development of a 22.7-million-gallon propane storage tank in Searsport, filed a petition in Waldo County Superior Court on Monday, October 15, against the Maine department that approved a fuel board permit for the project.

The legal action requests a review of the process at the Maine Department of Professional and Financial Regulation that led it to grant a Maine Fuel Board permit for the development on Mack Point, which also includes a 90,000-gallon pressurized liquid propane storage tank, piping and truck and rail fuel transfer facilities.

The heart of the complaint is that the fuel board permit was issued to DCP Searsport LLC, a limited liability company that was created specifically for this development but which does not hold legal title to the property. DCP Midstream Partners, LP, is the legal owner.

The complaint also points to a pattern of inconsistency about legal ownership in various state and federal permits related to the Searsport project, with some permits issued to DCP Midstream Partners, LP, and others to DCP Searsport LLC.

DCP Midstream Partners, LP, is the publicly traded entity of DCP?Midstream, LLC. Together they are referred to as "The Enterprise" by the various parent companies, partners and offspring companies. DCP Searsport LLC is one of the offspring.

TBNT contends that the fuel board permit "was issued unlawfully to an entity that does not own the project, but rather is just a shell company created to shield the true owner from potential future liabilities. . . . DCP Searsport LLC was without standing to apply for a Gas Sorage Tank Permit and the Maine Fuel Board lacked jurisdiction to issue a permit."

TBNT asks the court to revoke the fuel board permit for DCP?Searsport LLC and send the permit application back to the Maine Fuel Board with instructions that the applicant prove they have "valid and legally enforceable right or interest in the property to be developed."