Articles filed under Legal from Europe
A legal challenge from RSPB Scotland to the granting of consent for four major offshore wind farms has been upheld. The bird protection charity had objected to the Scottish Government’s consent for the developments in the Forth and Tay regions.
Scottish government consents for the 784MW Inch Cape, 1GW-plus Seagreen Alpha and Bravo, and 450MW Neart na Gaoithe had been challenged by RSPB Scotland over their potential impact on seabird colonies in the Forth and Tay region. The Court of Session in Edinburgh today upheld the charity’s case, annulling the consents.
Siemens has been ordered to pay compensation of almost 1 million Danish crowns ($150,000) to three people who fell ill after working at a wind turbine factory, a court in the city of Aalborg in Denmark said on Thursday.
“At a time when the UK and many other European countries are turning away from wind and investing in better alternatives that are greener, more secure, cost effective and more employment intensive, we need to do the same.
Potential for growth of wind energy in the state will be decimated by Bavaria's constitutional court backing the ruling that the minimum distance between a wind turbine and the nearest buildings must be ten times the height of the turbine.
The Bavarian Constitutional Court today decided that the controversial 10h minimum distance requirement for wind power plants in Bavaria is in line with the constitution. Pursuant to the so called 10h-regulation (10H-Regelung) contained in the revised Bavarian Building Code, wind power plants have to maintain a minimum distance from residential housing of ten times the total height of the wind power plant.
Green, SPD and CDU, and also the wind power industry described the decision as a "black day not only for wind power, but for the transformation of energy in total." Meanwhile, the Bavarian government feels strengthened in its position. "The decision provides legal certainty," said Minister Ilse Aigner. The law "makes a public welfare an acceptable balance between our energy policy goals and local interests".
Abengoa’s financial woes trace back to Spain’s boom years, when the company began to build such projects for itself, fueled by cheaper bank loans and a desire to expand. The company took on billions of dollars of debt in anticipation of a growth rate that didn’t materialize.
The public interest in ensuring alternative non-carbon based energy sources are brought to the market cannot give this, or any other wind farm, “a licence to breach the planning laws”, he said. There is a public interest in ensuring those laws are adequately enforced and judicial failures to make mandatory orders may “dilute” effective enforcement.
The Supreme Court has agreed to consider a challenge to An Bord Pleanála’s granting of planning permission for a wind farm in Co Tipperary after ruling that the case raises issues of public importance.
In their proceedings, the applicants had sought to quash the board’s granting of a 10-year permission to ESB Wind Development and Coillte to build the wind farm. They claim the permission breaches the EU habitats directive and the EU environment impact assessment directive.
A challenge to a €120 million wind farm in Co Offaly by local residents – who claimed it would affect their mental health, property prices and the habitat of the Whooper swan – has been dismissed by the High Court.
The European Commission lodged the court action in October 2013, saying that large numbers of wind turbines and other developments have been authorised without adequate assessments of their environmental effects in the Kaliakra region, a migratory route and resting place for highly endangered species.
BULGARIA - According to a ruling at the European Court of Justice today, Bulgaria is failing to protect nature and putting threatened species at risk.
Spain's Ministry of Industry, Energy and Tourism (Minetur) has presented a bitter Christmas gift to solar producers. Minetur has issued a press release stating that the Constitutional Tribunal (TC) has rejected an constitutional appeal presented by the Region of Murcia regarding the removal of the feed-in tariff for solar PV in Royal Decree 9/2013.
Alex Salmond and US presidential candidate in war of words as justices reject Trump's legal challenge over 11-turbine project that will 'spoil the view' from his Scottish golf course
Siemens Public Limited Company (plc) and RWE Innogy UK Limited (RWE) were fined after 27-year-old Colin Sinclair was killed when he came into contact with the unguarded rotating shaft of a gearbox within a turbine at Causeymire windfarm.
The Supreme Court in London will withdraw the ruling in favour of MT Højgaard from 5 November, when it rejected an application from E.ON to allow an appeal against the ruling in an old dispute regarding the Robin Rigg offshore wind farm.
Inneo Torres claims that Acciona breached contracts the two had and stole intellectual property relating to how to make towers for wind turbines, according to a copy of the lawsuit. While Acciona acquired some patents relating to towers when it bought a unit of Inneo, it chose not to exercise an option that would have given it ownership of all of the technology, the complaint says.
Navitus Bay project director Stuart Grant said today: "After careful consideration, Navitus Bay has chosen not to challenge the decision by the Secretary of State to refuse consent for the proposed wind park.