Articles filed under Legal from Europe
The decision came as a surprise to many as it did not follow an earlier recommendation of the ECJ's Advocate General who believed a clause in the EU's renewable energy directive contravened treaty rules on the free movement of goods across the 28-member bloc.
Pickles said that the scheme’s landscape and visual impact "would be significantly adverse from viewpoints within about 2km of the appeal site" and he refused the appeal.
Communities minister Kris Hopkins said: "Inappropriately sited wind turbines can be a blot on the landscape, harming the local environment and damaging heritage for miles around.
Sweden’s Land and Environmental Court of Appeal rejected on Wednesday a proposed wind farm off the coast of Falkenberg after it was determined the project could threaten the livelihoods of fish and porpoises.
Three judges supported a High Court decision to block the 400ft-high turbines. The site is just a mile from Lyveden New Bield, a Grade I listed unfinished Elizabethan lodge with a moated garden. The initial case against the development was brought - and won - by the National Trust, English Heritage and East Northamptonshire Council last year. English Heritage had warned that the effect of the turbines on the landscape would be "appalling".
Deputy high court judge Robin Purchas QC, sitting in London, ruled that an inquiry inspector who gave the go-ahead had failed to comply with planning law relating to landscape and heritage sites. The turbine was to be sited near Cromer Ridge, one of the highest points in north Norfolk, which has a number of listed buildings in the area.
The forced closure of RWE's Biblis nuclear power plant after the Fukushima accident was unlawful, the German Supreme Administrative Court has ruled. The utility is now likely to sue for considerable damages.
American tycoon Donald Trump’s plans to fight the Scottish Government over a major wind farm project on Shetland has been rejected by judges. Mr Trump wanted to challenge ministers in their appeal against a landmark decision to block the a 103 turbine Viking wind farm on central Shetland.
An application for an offshore wind farm within view of Donald Trump’s Aberdeenshire golf resort was mishandled by government officials, his legal team has claimed.
SNP ministers have decided to ignore a ruling by one of Scotland’s most senior judges that threatens the spread of wind farms because they consider turbines to be in the “national interest”, the Daily Telegraph can disclose.
A Campaign group is calling on Highland Council to halt a Public Local Inquiry into a controversial wind farm in Easter Ross because it says it is "unlawful". The dramatic move comes just four days before a local inquiry is due to sit in Ardross to consider proposals for the 34-turbine development at Glenmorie by Wind Energy.
Scottish ministers gave Viking planning permission in April last year but judge, Lady Clark of Calton, said the Electricity Act required a developer to hold a generation licence before it could gain approval. Also, she said the minsters had failed to comply with the European Wild Birds Directive.
A tribunal in Montpellier ruled that the couple had suffered due to the “degradation of the environment, resulting from a rupture of a bucolic landscape and countryside”. It also agreed the couple had suffered from the noise of the turbines and from the flashing lights.
The Scottish government has failed to take proper account of its obligations under a key piece of European nature legislation when it gave the go-ahead for the 103 turbine Viking Energy wind farm. In her judgement Lady Clark of Calton said the government had not "meaningfully engaged" with the Wild Birds Directive 2009.
Trump filed suit in Scottish courts in an attempt to block the construction of the 651-foot turbine array that he argues will mar the view from his planned golf establishment, which is expected to be a lavish enclave of houses, hotels, ...and leisure activity facilities. ...Trump describer [Scottish First Minister Alex Salmond] as "a man whose obsession with obsolete wind technology will destroy the magnificence and beauty of Scotland."
Vestas grossly misrepresented investors about its revenues on pending contracts in 2009 and 2010. Vestas continuously prided itself on the continuous rise of its order book due to rising incoming “firm and unconditional” orders. The Company kept the market closely informed about these orders and tied its own guidance for future revenues and earnings to the evolution of the backlog. However, the evolution of the order book as announced by the company cannot be matched with actual deliveries. Orders that were announced as “firm and unconditional” seem to have left the order book without having given rise to deliveries (for an amount of approximately EUR 1.4 bn).
Legal experts confirm the UNECE decision is a "game-changer" for future wind-turbine developments in the UK. David Hart, QC, an environmental lawyer, said: "This ruling means that consents and permissions for further wind-farm developments in Scotland and the UK are liable to challenge on the grounds that the necessary policy preliminaries have not been complied with, and that, in effect, the public has been denied the chance to consider and contribute to the NREAP."
Vestas has filed lawsuits against the two Indian companies embroiled in the Danish company's row with former CFO Henrik Nørremark. Vestas has filed the lawsuits in New Delhi's high court against RRB Energy and ECO RRB for the return of money handed over by Norremark, in deals that were not sanctioned by the Danish company's board.
The plans were granted permission by the Planning Inspectorate but a legal challenge was launched by South Northamptonshire Council when a resident claimed the inspector’s decision was unlawful on five separate grounds.
Britain's biggest onshore wind farm, in North Devon, could be operating well above permitted noise levels in every location where readings were taken, a new report claims.