Library filed under Legal from Massachusetts
Cape Wind’s long-running quest to establish a wind farm on the Nantucket Sound hit another hitch Tuesday as a three-judge federal Appeals Court panel reversed lower court decisions that had found regulators complied with environmental and endangered species laws in permitting the project.
Today Wind 1 sits idle in the Cape Cod breeze. Wind 2 continues to operate under court imposed restrictions, but it faces the same legal challenges that put Wind 1 out of business. The town’s cost to decommission or relocate the turbines would be exorbitant. In hindsight, Falmouth should never have placed giant wind turbines so close to homes.
Eric Glitzenstein, an attorney representing conservationists challenging the Cape Wind project, responded to the D.C. Circuit today with a letter noting “crucial differences” between the two cases. Notably, he said, the California project isn’t on a major migratory route for birds, whereas “government counsel admitted at oral argument that many thousands of federally protected birds will inevitably be killed” by Cape Wind turbines.
The state's Land Court will be the venue for a lawsuit brought by the town against members of its own Zoning Board of Appeals that challenges the denial of a special permit for Wind 1, one of two municipal wind turbines.
The Falmouth "Land Court deal" is so corrupt the news media won't even print a story .The news media and the government are entwined in a vicious circle of mutual manipulation over the poor placement of wind turbines taking health and property rights. Folks, this story happened April 28 and not one peep from the news media.
Cape Wind claims the siting board exceeded its authority and asserts the decision to deny a two-year extension of transmission permits “is based on errors of law, is made upon unlawful procedures, is unsupported by substantial evidence and lacks requisite subsidiary findings and is arbitrary and capricious.
In this detailed ruling issued by the Falmouth Zoning Board of Adjustment in reference to Wind 1, one of two Vestas 1,65 MW turbines sited at the town's water treatment center, the board listed 38 separate finding on whether a permit should be issued that would allow the turbine to continue operating. The turbine was shut down following a court ruling that found the turbine was erected the town without first securing a permit. Some of the 38 findings are provided below. The full document can be accessed by clicking the links on this page.
“These regulations do not empower the board to regulate the construction of wind turbines in the town of Plymouth,” Nickerson wrote in his two-page ruling. ...“Nevertheless, a Board of Health has broad powers to regulate and prevent nuisances that affect the public health. It remains to be seen as to whether the operation of the wind turbines will constitute a nuisance."
Attorney Kevin J. Joyce of Boston, representing the residents, filed a motion requesting a temporary restraining order against Future Generation Wind putting the turbines into operation. In his motion, Mr. Joyce stated that the turbines are “undisputedly in violation” of the board of health’s regulations. The motion further stated that preventing operation of the turbines would be in the best interest of public health, safety, and welfare.
A group of Bourne residents has brought a lawsuit against town officials and Future Generation Wind LLC relative to the construction of four giant wind turbines at the Bourne-Plymouth town line. The case was heard in Barnstable Superior Court on Friday, March 4. The judge in the case rejected the neighbors' request for a temporary injunction, which would have halted work on the project.
The town of Bourne, through its Board of Health, filed a lawsuit last Friday in Barnstable Superior Court seeking a declaratory judgment against the builder of four wind turbines over the town line in Plymouth.
This enforcement action was brought by the Town of Bourne in Massachusetts acting through its Board of Health. The purpose of the action is to require compliance with the Town's duly adopted Wind Energy Conversions System Regulations for a wind turbine system on land in the Towns of Bourne and Plymouth. The Town of Bourne seeks a Declaratory Judgment ruling that the wind turbine project is subject to the provisions of the Town's Board of Health Regulations and orders requiring the Defendant, Future Generation Wind, LLC to comply with the requirements of the Regulations. A portion of the complaint as filed is provided below. The full complaint can be accessed by clicking the link(s) on this page.
“It was permitted entirely within Plymouth,” Mealy said. “As such, Bourne has had limited opportunity to make any recommendations and changes to the plan now that it is in motion.” Bourne residents have voiced concern about the location of the turbines and the anticipated impacts of noise and flicker at recent Board of Selectmen and Board of Health meetings.
The town's appeal of a cease-and-desist order shutting down one of its wind turbines will not go forward after attorneys missed a key deadline to file the suit in the town clerk's office. ...Without that action, attorneys said, the case was stopped in its tracks.
During a closed-door meeting, the board voted to appeal the Sept. 17 cease-and-desist order issued by the Zoning Board of Appeals while also voting to comply with that order in the meantime, according to a news release sent shortly before 9 p.m. by Town Manager Julian Suso. The ZBA had ordered Wind 1, one of the two turbines, shut down while the town seeks a special permit that would allow it to continue to run.
Following six years of legal challenges brought by neighbors, the zoning board voted 4-1 on Sept. 17 to overturn the zoning enforcement officer's denial of a cease-and-desist order on Wind 1, which the Massachusetts Court of Appeals ruled in June had been erected without proper zoning approval. The town has 20 days from the Sept. 17 ruling to appeal the cease-and-desist order, but Watt and Senie said Wind 1 should be shut down immediately, regardless of the appeal.
The order and accompanying decision, filed this morning with Town Clerk Michael Palmer, makes official a 4-1 vote taken Thursday to overrule Zoning Enforcement Officer Eladio Gore's decision not to shut down the turbine in the wake of a Massachusetts Court of Appeals ruling that the device was constructed without proper zoning approval. The town is seeking a special permit from the ZBA for the turbine, and neighbors of the turbine wanted it shut off in the interim. The findings of the Falmouth Zoning Board of Appeals and the official Cease and Desist order to curtail WIND 1 can be downloaded from this page.
An appeal regarding lack of enforcement by Falmouth zoning enforcement officer Eladio S. Gore to cease-and-desist operation of Wind 1 turbine was granted last night by the Falmouth Zoning Board of Appeals.
A Boston electrical contracting firm that claims it is owed nearly $3 million in fees for work on 18 solar projects on Cape Cod and Martha's Vineyard has filed lawsuits in Barnstable Superior Court against the developers and financial backer of the installations.
The Falmouth Zoning Board of Appeals tabled a final decision on whether to issue a cease-and-desist order on the town’s wind turbines, but the board indicated its inclination to keep them spinning.