Articles filed under Legal from Massachusetts

Judge blocks intervention in Falmouth turbine case

Atty_duffy__senie_ltr_w_attachments_10-18-17_thumb Judge Cornelius Moriarty has denied a motion to intervene in the case filed recently by the Green Center, a nonprofit educational institute in Hatchville that supports ecological projects, and a group of Falmouth residents. They were looking for the judge to alter his ruling and come up with a more moderate solution to the problem. The motion filed by the Green Center and denied by Judge Moriarty can be accessed by clicking the document icon on this page.
23 Nov 2017

Falmouth neighbors worried celebration premature in fight against wind turbines

Judge Cornelius Moriarty upheld the local zoning board’s finding that two 1.65-megawatt turbines at the town’s wastewater treatment facility were a nuisance, and he ordered them shut down. ...A few days after Moriarty’s June 20 decision, selectmen announced they had to gather more information before deciding what to do next, since the town could be on the hook for dismantling the turbines as well as loans and grants used to buy and install them if the turbines remain offline. The total potential cost to the town was previously estimated at $14 million.
7 Jul 2017

Falmouth wins turbine nuisance case

Despite the decision, the turbine known as Wind 1 — one of two turbines at the Falmouth Wastewater Treatment Facility — must remain shut down as the town battles its own Zoning Board of Appeals in Land Court and faces off with neighbors in a morass of additional legal challenges.
27 Apr 2017

Falmouth wind turbine trial ends

The town has spent hundreds of thousands of dollars in legal fees for outside attorneys to handle much of the related legal work; it has also lost revenue that was to come from the sale of electricity from the turbines.
23 Nov 2016

Several lawsuits await trial or mediation.

Town meeting approved more money Tuesday for legal fees tied to the embattled municipal wind turbines. ...$260,000 is for costs tied to wind turbine lawsuits. The selectmen recently approved mediation to try to settle the bulk of the cases, but a suit brought by Barry and Diane Funfar is due to go to trial Thursday in Barnstable Superior Court. Two more cases are likely to go to trial in the spring, said Town Counsel Frank Duffy.
16 Nov 2016

Cape Wind reverses, drops appeal

In what might be the most definitive sign that Cape Wind officials have given up on the long-running and seemingly unattainable dream of building a wind farm in Nantucket Sound, the company has moved to dismiss its appeal seeking to extend state permits to connect the project to the electric grid.
7 Oct 2016

A FIASCO IN FALMOUTH: Turbine projects marred by litigation

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.
26 Jun 2016

Appeals court ruling bolsters Cape Wind defense — DOJ

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.
9 Jun 2016

http://www.windaction.org/posts?location=Massachusetts&topic=Legal&type=Article
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