Documents filed under Legal from Massachusetts
The Massachusetts Appeals Court upheld a lower court's decision to deny intervention involving action between the town of Falmouth and the Falmouth zoning board of appeals in which judgment had already entered. The judgment declared that two wind turbines operated by the town were a nuisance and ordered that their operation cease and desist. The proposed interveners claimed that they were entitled to intervention as of right because they had compelling interests that were no longer being adequately represented by the town. The lower court ruled, and the appellate court affirmed that the motion be denied since the interveners could not likely establish standing, and that the motion was untimely. A portion of the 10-page order is provided below. The full order can be accessed by clicking the links on this page.
This important letter by acoustician Stephen Ambrose explains how two separate court decisions, one in Massachusetts and the other in Michigan, together provide clarity on what the minimum protective noise limits should be when siting industrial wind energy facilities. Mr. Ambrose's letter includes links to the two decisions as well as supporting background information. The content of the letter is shown below. The original can be downloaded from this page.
In this important ruling issued by Massachusetts Superior Court Judge Cornelius J. Moriarty II, the court ordered that the decision of the Falmouth MA Zoning Board of Appeals be affirmed to the extent that the operation of Wind 1 and Wind 2 constitute a nuisance and that the Town of Falmouth cease and desist operation of the wind turbines immediately. The full order can be accessed by clicking the document icon located on this page.
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.
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.
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.
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.
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.
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.
Contract signed between Cape Wind and NSTAR, a Massachusetts-based utility.