Library filed under Legal from Massachusetts

Judge issues mixed ruling on Cape Wind project

The judge, in his ruling, didn't suggest the project would cause harm to the whales or protected migratory birds such as the piping plover and roseate tern. But he did say the U.S. Fish and Wildlife Service violated the Endangered Species Act by not making an independent evaluation of plans for a seasonal shutdown of the wind farm's rotors to avoid possible collisions with the birds.
15 Mar 2014

Cape Wind lawsuit: Mass. exceeded its authority

The suit filed Tuesday by the Alliance to Protect Nantucket Sound, the town of Barnstable and several Cape Cod businesses and individuals argues that by brokering the deal between NStar and Cape Wind, the state discriminated against out-of-state power companies with a deal that will drive up electricity costs.
22 Jan 2014

Lawsuit claims Mass. officials overstepped their authority with Cape Wind contract

Recent legal events prompted the alliance to take this new approach. The opposition group was emboldened by two decisions last fall by federal judges in Maryland and New Jersey. Those decisions, which are both now under appeal, essentially said regulators in those states infringed on the Federal Energy Regulatory Commission’s authority to set wholesale electric rates by imposing contracts to help finance the construction of natural gas power plants.
22 Jan 2014

Judge orders Falmouth to run wind turbines on 12-hour schedule

The preliminary injunction was filed late last night and requires the town to turn off the machines from 7 PM to 7 AM daily. Additionally, Judge Muse’s decision calls on the turbines to be turned off on Thanksgiving, Christmas and New Year’s Day. The move follows what was a supposed agreement reached two weeks ago in Barnstable Superior Court between Falmouth’s attorneys and lawyers representing neighbors living near the turbines.
23 Nov 2013

Court order granting injunction; Falmouth turbine operations limited due to noise

Falmouthzbapreliminaryinjunctiondecisionandorder_thumb Two weeks ago, in the injunction hearing in the Town of Falmouth vs. the Falmouth Zoning Board of Appeals case where the ZBA decided that the wind turbines were a nuisance to Neil Andersen, both parties presented a 7AM to 7PM agreement to the judge.  Falmouth Selectmen subsequently disregarded that agreement and continued to run the wind turbines 5AM to 9PM.  One selectboard member advocated running the turbines 24/7 in spite of the Court's request. Hearing this, Superior Court Justice Christopher Muse granted the injunction sought by nearby residents. The order is available by clicking the link on this page.
21 Nov 2013

Appeals Board requests funds to defend itself from town's suit

...the reason for the suit was to protect the town, which has already been faced with a lawsuit in US District Court in Boston from two homeowners claiming that the turbines represent a nuisance and are seeking monetary damages. If others follow suit, the town could be faced with a potential liability of $215 million if nuisance claims are proven.
30 Jul 2013

http://www.windaction.org/posts?location=Massachusetts&p=4&topic=Legal
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