Library filed under Legal from Massachusetts

Lawsuits entangle solar development

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.
3 Aug 2015

Falmouth selectmen to seek permit for controversial turbine

The town is locked in several legal battles over the turbines, including a pair of lawsuits it has brought against its own Zoning Board of Appeals. The board has twice ruled that the turbines are a nuisance and directed the town to take whatever steps are necessary to remedy the situation. The town has spent hundreds of thousands of dollars on special counsel for turbine-related matters.
12 Jun 2015

Suit over pricey wind energy revived in Mass.

Crucial to the trial court's finding was the mistaken concern that the suit would frustrate state efforts to implement policies enunciated in the Green Communities Act and Global Warming Solutions Act, according to the ruling. Writing for a three-person panel, Judge Williams Kayatta said precedent indicates that "a plaintiff may frustrate the efforts of a state policy when those efforts violate or imminently threaten to violate the plaintiff's constitutional rights." (Emphasis in original.)
21 May 2015

Falmouth claims turbine installation was within its rights

"Many municipal activities generate noise, traffic and other objectionable features which make them less attractive (to) neighbors," Duffy wrote in the brief, filed Wednesday. "For this reason it is logical and reasonable for a municipality to craft its zoning bylaw and permit municipal infrastructure in designated districts by right." 
23 Mar 2015

Hancock, Brodie Mountain wind power firm at odds over payments

According to board Chairman Sherman Derby, the three-year Payment In Lieu Of Taxes agreement expired Jan. 1, 2014. Negotiations for a new PILOT agreement have stalled, he said, because the two sides can't agree on a figure. "Green energy is great, but when they have to pay green money, it's a problem," Derby said. "They're making more money than they thought they would, but we're not getting anything."
4 Mar 2015

Falmouth loses court appeal in turbine case

The court overturned Barnstable Superior Court Judge Robert Rufo’s June 2013 decision and ruled in favor of a cluster of neighbors who sued the town over its 2009 installation of Wind 1, one of the twin, 1.65-megawatt wind turbines erected at the town’s wastewater treatment facility.
27 Feb 2015

DRUMMEY et. al. vs. TOWN OF FALMOUTH

Drummey_v_falmouth_appeals_court_decision_thumb This important ruling by the Massachusetts appeals court found that the Town of Falmouth was required to obtain a special permit for the wind turbine (Wind 1) sited at the town's wastewater treatment center. The town argued that no permit was necessary since the turbine was viewed as a municipal purpose and therefore exempt from the zoning ordinance. The appeals court voided the decision of the lower court. 
26 Feb 2015

Cape Wind contract termination letter

Nstarfmnotice_thumb Cape Wind, the first proposed offshore wind project in the United States, sent letters to the two utilities that contracted to purchase nearly 80% of the project's output, including energy, renewable energy credits (RECs) and capacity. The letters, one to National Grid, the other to NSTAR, stated the company was invoking the 'Force Majeure' clause of the contracts due to on-going litigation as its reason for not meeting the December 31, 2014 deadline for securing project financing. Both utilities responded within six days with official notice that the contracts were terminated. Cape Wind could have sought a six-month extension of the contracts by paying $1.29 million in consideration but opted not to take advantage of that option. 
6 Jan 2015

Cape Wind: An unsightly monument to political pull

Playing out in Massachusetts is a saga in which a private developer is using his political connections to trump the interests of state electric ratepayers - and in the process creating a precedent for much broader misuse of governmental power. The saga involves a court case in which state officials invoked an arcane provision of the U.S. Constitution to deny aggrieved ratepayers access to federal court.
14 Oct 2014

Cape Wind: Federal Appeal Filed

Appellant_20brief_20as_20filed_20aug_2025_202014_thumb The town of Barnstable, the Alliance to Protect Nantucket Sound and local businesses and residents filed a legal brief with the U.S. Court of Appeals in Boston this week seeking to overturn a lower court decision dismissing their lawsuit, which alleged that the state illegally coerced utility NSTAR to purchase power from the Cape Wind project. The introduction to the filing is provided below. The full appeal filed with the court can be accessed by clicking the link(s) on this page.
30 Aug 2014

http://www.windaction.org/posts?location=Massachusetts&p=3&topic=Legal
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