Articles filed under Legal from California
“The project is a dangerous and completely unnecessary industrialization of high-quality wildlife habitat in an area with an extremely high wildfire risk and frequent low-flying military, commercial and private aircraft,” states the suit filed by the nonprofit Backcountry Against Dumps along with Boulevard residents Donna and Ed Tisdale, whose ranch adjoins the project site with a half-mile shared border.
An appeal of the design for a wind energy project in the hills south of Lompoc was denied Tuesday by the Santa Barbara County Board of Supervisors, which previously denied an appeal of the land use permit granted by the County Planning Commission.
The California Native Plant Society sued the County of Santa Barbara today for approving the Strauss Wind Energy Project, which violates both the California Environmental Quality Act (CEQA) and California Fish and Game Code. The project threatens the federally- and state-endangered Gaviota tarplant with extinction and puts the local golden eagle population, a state Fully Protected Species, at risk.
Neighbors of the proposed Strauss Wind Energy Project south of Lompoc have filed legal action challenging the adequacy of the environmental review, calling it "inadequate, insufficient and misleading." George and Cheryl Bedford, represented by Santa Maria attorney Richard Adam Jr., have strongly opposed the wind farm planned for 3,000 acres off San Miguelito Road.
In its bankruptcy filing, PG&E claims some of the credit for helping renewable energy come of age, saying its contracts “contributed to significant price reductions for renewable energy resources currently available in the market.” But PG&E is still paying out those contracts, which can last 15 to 20 years. The bankruptcy judge could potentially seek to change their terms or prices.
PG&E wants the U.S. Bankruptcy Court in San Francisco to rule whether the company must honor $42 billion worth of contracts with about 350 different energy suppliers, mostly solar and wind plants. The court’s decision could have a major impact on California’s renewable energy industry and power makeup.
"...PG&E is involved in a number of contracts with power purchase agreement suppliers. Some of these agreements have above market terms and are pretty expensive for the company. ...PG&E may seek to reject or renegotiate some of its more expensive PPAs. The rub there is, who has jurisdiction? Can the court allow PG&E to cancel these, or do they have to go to FERC?" said Foss, noting there is case law supporting both sides.
A wind farm in the southeastern Solano County community of Birds Landing was subject to $2.2 million in fraud by six defendants, according to an indictment on April 6 by a federal grand jury based on investigations by the FBI and IRS.
The Department of the Interior temporarily shut down construction of the Tule Wind Energy project in McCain Valley on January 20th due to six confirmed violations of the right-of-way grant conditions, including “three incidents of ground disturbing work without a cultural monitor present and three incidents of clearing beyond the disturbance limits at four different locations,” according to the notice of temporary suspension issued January 20th.
Renewable energy from south of the border is beginning to make a big impact on the American side. Looming over the dry desert scrub, as high as a 25-story building, the giant turbines of the Energía Sierra Juárez wind farm punctuate the horizon just south of the California border, an otherworldly array of white tubular towers each topped with three, 12-ton blades.
Federal regulators adequately addressed whether a proposed wind-turbine project near San Diego would adversely impact migratory birds and global warming, the Ninth Circuit ruled Tuesday.
SDG&E agreed to help finance the Rim Rock project and purchase the power, but later sued NaturEner USA arguing it had been mislead about the threat to raptors. That prompted NaturEner to file a breach-of-contract counter suit against SG&E. The conditional settlement agreement to end the litigation was filed Feb. 11.
The wind farm investors, Wheeler wrote, “have no guarantee of keeping the amounts that Treasury paid them.” He noted that “a refund always was a possibility given a proper understanding of the issues.” As a result, an upcoming trial will determine who owes money to whom.
The shareholders say that the information TerraForm filed with the Securities and Exchange Commission in anticipation of its IPO was misleading because it did not disclose that SunEdison was about to report disappointing financial results for the 2015 second quarter.
“All these agencies and companies are in lockstep on this green energy rush, whether it’s actually beneficial to us or not,” said Donna Tisdale, a resident of Boulevard in East San Diego County. Tisdale is leading the lawsuit against Energía Sierra Juárez, which also names the U.S. Department of Energy and U.S. Fish and Wildlife. Among other things, the lawsuit claims the Department of Energy issued a Presidential Permit without considering environmental impacts in Mexico or alternative clean energy projects, as required by law.
"We are already seeing mortality of golden eagles at the site, which it is not permitted to take," he said. "Condors have also been cited closer and closer to the site. This is beyond a 'might be' situation; they are in the area." ..."If its wind turbines are whacking golden eagles and condors and other migratory birds, they could be fined and prosecuted," he said.
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.
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.
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.
The Colorado River Indian Tribes (CRIT) have filed suit to get approval rescinded for the Blythe Solar project in the Mojave Desert, saying the 4,000-acre project will destroy huge swathes of sacred sites.