Articles filed under Legal from California

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

Infigen and Gamesa end years-long legal battle over wind turbines

The long-lasting legal disputes related to five U.S. wind farms in which Infigen holds interest, particularly California's Kumeyaay Wind Farm. Following a December 2009 storm, Infigen claimed Gamesa was liable to pay over $30 million for site repairs and replacement of all 75 wind turbines at Kumeyaay. Gamesa, meanwhile, maintained that Kumeyaay Wind LLC should bear the costs.
17 Jun 2013

Wind turbine blade throw incident at Pattern Energy's Ocotillo Wind Project

This wholly avoidable public health and safety hazard occurred just one day after San Diego County Board of Supervisors approved the revised Wind Energy Ordinance & Boulevard Community Plan to remove community protections to allow 500 foot tall industrial wind turbines on private land in previously protected areas near homes, recreation areas, and sensitive wildlife.
16 May 2013

Commercial wind turbine approved for San Leandro's shoreline as residents ready for a lawsuit

"The [Heron Bay Homeowners Association] board has to make formal vote on it, but I think we were committed before and we're committed now that we will be filing in Superior Court," said Alan Berger, the attorney for the homeowners association. "We absolutely do not feel the board of zoning and the city council followed all of the voluminous case law in California ...."
3 Apr 2013

http://www.windaction.org/posts?location=California&p=40&topic=Legal&type=Article
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