Documents from California
This complaint in federal court challenges the United States Bureau of Indian Affairs (“BIA”) notice of record of decision (ROD) authorizing the issuance of a 25-year lease of land (with a possible 13-year extension) between the Campo Band of Diegueño Mission Indians and Terra-Gen Development Company LLC (“Terra-Gen”), allowing Terra-Gen to develop, construct, the Campo Wind Facilities on the Reservation, and the Boulder Brush Facilities on adjacent private lands. The Campo Wind Facilities would consist of sixty 586-foot tall turbines, three 374-foot meteorological towers, 15 miles of new access roads, an electrical connection and communication system, a collector substation, an operation and maintenance facility, a gen-tie line, and other components needed for construction and operation. A portion of the complaint is provided below. The full complaint can be downloaded from the document links on this page.
Travis Air Force Base Mid-Air Collision Avoidance pamphlets (MACA) for 2007, 2011, 2017, and 2020. In 2011, the MACA was amended to warn about the area over a wind turbine facility as being high-risk for mid-air collisions due to the impact of spinning turbine blades on radar. This warning did not appear in the 2007 MACA. At that time, the impact of the blades on digital radar systems was not well understood. Analog radars are not impacted by the turbines. The area continues to be a high risk for collision and pilots are required to fly with transponders turned on. The pamphlets can be downloaded by clicking the document links on this page. The single page shown below is taken from the 2011 pamphlet.
The attached appeal between Soaring Wind Energy, LLC and Catic USA Incorporated affirms the arbitration panel's decision to award Soaring Wind $62.9 million USD against Catic USA and divest Catic USA's shares in Soaring Wind Energy, LLC. Catic USA had entered into an agreement with Tang Energy Group in 2007 to create Soaring Wind Energy, LLC, a shared company acting as a vehicle for wind energy marketing and project development in the United States. Catic USA's affiliates breached the Soaring Wind agreement by investing $50 million USD in wind projects unaffiliated with Soaring Wind's activities. The court affirmed the arbitration panel and district court's decision to hold Catic USA liable for the potential losses accrued from the investment in unrelated projects and supported the forced divestment of Catic USA from Soaring Wind, LLC.
San Bernadino County in California adopted this resolution banning large-scale renewable energy projects. The full resolution and presentation slides explaining the change in policy can be downloaded from this page. Minutes from a May 28, 2018 special meetiing of the supervisors is also available from this page. Below is an excerpt of the resolution. Other supporting documentation leading up to adoption of the resolution can be accessed at the link on this page.
In this court filing, utility-giant PG&E asks the court for an injunction against efforts by FERC to assert jurisdiction over the power contracts (PPAs) held by PG&E. Court documents show PG&E is bound by 387 PPAs with more than 350 companies totaling about $42 billion. The generators whose energy is under contract are at risk if PG&E is allowed to exit the agreements. A portion of PG&E's filing is provided below. The full document can be accessed at the links on this page.
This important research examines the methods for quantifying population-level effects of human activity on raptor mortality. The study was conducted on raptors in California. Despite efforts to protect eagles, many lethal agents remain. According to the report, "prominent among them are electrocution, pesticide exposure, wire collisions, vehicular strikes, lead poisoning, and now, wind turbine blade-strikes." The abstract and conclusion of the paper is provided below. The full paper can be accessed at the document links on this page.
For wind proponents who insist that wildlife can co-exist around operating wind turbines, this study explains how the behavior of animals resident within a wind project site changed their behavior and avoided the project area. In particular, the researchers identified the loss of habitat due to the access roads and noise/vibrations of the turbines. A portion of the document is provided below. The full paper can be accessed by clicking the document icon on this page. In addition, supplemental data from the study is also attached to this page.
The attached communications between the Bureau of Land Management (BLM) and Iberdrola/Tule Wind detail the BLM's notice to suspend construction of the 186 MW wind project due to repeated violations of the right-of-way permit issued by the BLM. The Tule facility initiated construction on December 6, 2016. The notice to stop construction was issued on January 20, 2017. Construction has now resumed. Both the notice to suspend construction and to resume construction, which includes Iberdrola's response to the BLM, can be accessed by selecting the document links on this page, A portion of BLM's notice is provided below.
This important decision by the U.S. District Court of the Southern District in California found that the Department of Energy failed to follow NEPA when it issued a permit to construct a transmission line that crossed over from Mexico into the United States. The Court order that since the U.S. portion of the Line and the Mexican portion of the Line were literally "two links of a single chain" connecting the Substation to the ESJ Wind Farm, the DOE was required to consider the impacts of the project on Mexico. Portions of the decision are shown below. The full report can be accessed by clicking the document link on this page.
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.
The US Fish and Wildlife Service denied Iberdrola's request for an eagle take permit. The rejection letter is provided below and can be accessed by clicking the link on this page. Iberdrola's application was one of the first to seek a 30-year term on the permit. In addition to the FWS letter, you can also view Iberdrola's cover letter submitted with its permit application where the company cites its interest in a long-term permit.
The California Environmental Quality Act (CEQA) complaint was filed last week by Stephan C. Volker of Volker Law on behalf of two rural East County grassroots non-profit groups. It challenges the San Diego County Board of Supervisors' May 15th 4-1 vote approving the Wind Energy Ordinance and Plan Amendment that sacrifices predominantly low-income rural communities and valued resources for unreliable, intermittent, and expensive industrial-scale wind and solar projects.
This useful report prepared by the California Public Utilities Commission for the Legislature examines the high cost of California's renewable portfolio standard which mandates 33% of the state's electricity needs come from renewable energy.
The US EPA submitted comments on the Draft Environmental Impact Statement (DEIS) prepared for the Shu'luuk Wind Project proposed for the Campo Indian Reservation in San Diego County, California. An excerpt of the comments is provided below including EPA's concerns about infrasound and the potential impact on human health. The full submission can be accessed by clicking the link on this page. This project was officially withdrawn from consideration.
This report by the California Milton Marks “Little Hoover” Commission, an independent state oversight agency, calls on State leaders to direct the state’s energy organizations to assess the cumulative impact of recent major energy-related policies on electricity rates and reliability and whether these policies are achieving California’s energy and environmental goals. An excerpt of the executive summary is provided below. The full report can be found by clicking on the links at the bottom of this page.
This lawsuit, filed against Pattern Energy and the US Department of the Interior and US Bureau of Land Management, seeks injunctive relief to stop construction of the Ocotillo wind energy facility. claiming a failure to follownecessary legal requirements for obtaining a federal right-of-way grant.
Acoustics expert, Mr. Richard James, filed these comments on behalf of the Protect Our Communities Foundation and Backcountry against Dumps, Inc. as part of their public comments on the BLM EIS/EIR for the proposed Imperial County, Ocotillo Wind Energy Facility. Mr. James' testimony details the major problems with Cadna/SoundPlan and other commercial noise modeling software products based on the ISO 9613-2 noise modeling standard.
This letter prepared by Michael Picker, Senior Advisor to the Governor of California for renewable energy facilities, to the Western Electricity Coordinating Council explains that the State of California appears to have met its 33% RPS requirement for 2020. Excerpts of the letter are provided below. The full letter can be accessed by clicking on the link at the bottom of this page.
The following comments were submitted to the Department of Planning and Land Use in San Diego County California in opposition to Iberdrola-Tule Wind LLC's request for amendments to the County's General Plan, the local Community Plan, and to the existing and draft revised Wind Energy Ordinance. The comment letter was prepared by Attorney Stephan Walker on behalf of several grass-roots non-profit groups.