Library filed under Legal from California

Family sues over unauthorized demolition of vacation home

In March, David Dotson discovered his mother's small vacation home just west of Mojave had been demolished without her permission. The developer of the Rising Tree Wind Farm, which is clearing land in the area for a renewable energy project, said the home was mistaken for an identical cabin nearby that it was authorized to take down. The Dotsons have filed a lawsuit.
12 May 2015

Holdout black family claims wind farm bulldozed their house

Wind energy companies bulldozed a black family's house because they were the sole holdouts who refused to sell out to a huge wind farm, the family claims in court. ...EDP Renewables is building the Rising Tree Wind Farm about 3 miles west of Mojave in Kern County. ...When David Dotson went up to the family home in late March to do some maintenance, he discovered that the home was "literally wiped off the face of the Earth," that all the furnishings and family belongings "were simply eviscerated," the complaint states.
11 May 2015

Multinational wind energy company destroys Kern County family's home

Manly, Stewart & Finaldi announced the filing of a lawsuit against a wind farm developer who harassed an African American family and demolished their home. ...EDPR sought to acquire the rights to all of the properties in the proposed development area. The Dotson Family- the only African-American family within the proposed development area- that were subjected to the type of threats, coercion, and intimidation tactics which included the destruction of their home.
8 May 2015

Dotson v. EDP Renewables North America, Rising Tree Wind Farm et.al.

Complaint_filed_05.07.15_thumb This complaint filed by Mrs. Doreen Dotson and her sons David Dotson and Daniel Dotson argues that EDP Renewables North American and Rising Tree Wind Farm LLC bulldozed the Dotson family home after Mrs. Dotson refused to accept money to move from her property. The General Statement of the Case is provided below. The full complaint can be accessed by clicking the links on this page.
7 May 2015

Settlement reached In accident involving unmarked meteorological tower

Allen was never made aware of the existence of the tower by Bouldin Farming Company, and it was clear he never saw it before he struck it. Allen's death isn't the first time an agricultural aviator has had a fatal collision with an unmarked and unlit MET during daytime operations. An analysis of FAA and NTSB accident data by the National Agricultural Aviation Association (NAAA) shows that 10 fatal agricultural aircraft accidents in the past 14 years (2000–2013) involved collisions with towers—including three with unmarked MET towers.
11 Sep 2014

Wind farm lawsuit to proceed in Montana

SDG&E filed a lawsuit Dec. 19 in California Superior Court seeking to terminate the power purchase and investment contracts alleging NaturEner did not meet avian protections called for in the contracts. Late last month, it filed an amended complaint alleging NaturEner fraudulently concealed that federal wildlife officials recommend an eagle take permit.
2 May 2014

Two lawsuits over local wind energy issues head to court

Opponents of  the Tule Wind project in McCain Valley will have their day in court on Monday, March 3 in San Diego’s U.S. District Court. Then on April 25, a separate suit against the County over its wind energy ordinance and general plan amendment will also be heard.The suits were filed by the Protect Our Communities Foundation and Donna Tisdale.
28 Feb 2014

SDG&E, wind farm in legal tangle; Utility files suit claiming breach of contract over birds

“Had SDG&E been aware of the truth, it very likely would not have entered into contracts involving hundreds of millions of dollars,” SDG&E’s suit states. The San Diego utility may be leery of the Montana project’s impacts on golden eagles following its own violations while building another major construction effort.
25 Dec 2013

Turbulence hits farm: Wind facility owner and utility launch dueling lawsuits

San Diego Gas and Electric filed a lawsuit Thursday in San Diego Superior Court against Rim Rock wind farm owner NaturEner asking the court to confirm its allegation that the company did not meet contractual requirements related to the preservation of eagles, raptors and other protected bird and bat species. “Unfortunately, the project’s owner, NaturEner, did not meet its contractual requirements, so SDG&E has decided not to make the investment in Rim Rock or to continue purchasing its renewable energy credits.”
21 Dec 2013

Eagle expert Bittner sentenced to probation, ordered to turn over missing data

U.S. Magistrate Judge David H. Bartick sentenced John David Bittner of Julian, president of the Wildlife Research Institute in Ramona,  to three years probation and a $7500 fine.  Bittner pled guilty  to unlawful taking of a Golden Eagle without a permit and failing to file any data reports for a four-year period on birds that he had banded.   The government could have imposed up to a $100,000 fine and a one-year prison sentence, but instead hope to induce Bittner to turn over years of missing data as a condition of probation.
13 Aug 2013

Wind-energy dispute heads to court

"Basically our community is being turned into an industrial energy zone, unwillingly," Tisdale said. "The county and the feds have not done their due diligence about what happens to people when they allow these things too close to homes and sensitive wildlife areas."
21 Jun 2013

http://www.windaction.org/posts?location=California&p=2&topic=Legal
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