Library filed under Legal from Nebraska

Several landowners appealing approval of solar farm near Lincoln

The City Council approved a special permit for the part of the solar farm in its jurisdiction in October 2019, but approval of the county portion east of 148th Street has been more controversial. That's because Ranger Power requested — and the County Board approved — a zoning change to allow solar panels on agricultural outlots, which are open spaces that are part of acreage developments in what are known as community unit plans. Previously, those lots could be used only for green space or agricultural uses such as growing crops or raising livestock.
22 Jan 2022

Appellate court affirms injunction keeping NPPD from ending power contracts with wind farms

The 8th Circuit Court of Appeals has affirmed a federal judge's order blocking Nebraska Public Power District from canceling power purchase agreements with four wind farms in the state. The publicly owned utility had argued that Elkhorn Ridge Wind LLC, Laredo Ridge Wind LLC, Broken Bow Wind LLC and Crofton Bluffs Wind LLC had violated the agreements by transferring control of their parent company's ownership interests without their consent. 
26 Aug 2021

Judge orders injunction preventing NPPD from ending power contracts with 3 wind farms

According to the lawsuit, NPPD was trying to use Global Investment Partners' 2018 acquisition of the wind farms and other assets from NRG Energy, as well as NRG Energy's 2014 acquisition of the assets from their original owner, as the basis for the contract termination, claiming that they constituted a default under terms of the power purchase agreements.
26 Apr 2021

Nebraska Public Power District says R-Project route won’t change after federal judge vacates permit

The Denver judge said Fish and Wildlife’s order granting the permit didn’t review possible routes to avoid O’Fallon’s Bluff, despite saying in its final environmental impact statement that running electrical lines over it would have “a long-term, high-intensity indirect (visual, auditory and atmospheric) effect.” Thousands of wagons on the Oregon-California Trail crossed the bluff from 1843 to 1866, cutting deep dips that remain today. It parallels Interstate 80 to the south between Sutherland and Hershey.
19 Jun 2020

Group sues to stop Saline County wind farm

The lawsuit is the second one filed over the project. In July, a Massachusetts woman who owns property near the proposed wind farm filed suit against the county and EDF Renewables over the granting of right of way for the company to run underground electrical cables on her land. Saline County residents also have alleged a number of improprieties in the extension of the conditional use permit, including open-meetings violations and conflicts of interest.
11 Nov 2019

Second lawsuit filed against EDF, county

According to court documents, the defendants “have never submitted a valid application for a conditional use permit to construct and operate a wind energy project in Saline County.” Plaintiffs also allege the CUPs that were filed on behalf of the wind project are invalid, as development was supposed to be completed two years following the Board of Commissioners’ approval in 2016.
6 Nov 2019

Judge switches course on conflict of interest case: Board members can vote on Sand Hills wind project

The group, along with a local landowner, sued the county last month to prevent board members Martin DeNaeyer and Tanya Storer from voting on the application. ...But in vacating his initial temporary injunction, State District Court Judge Mark Kozisek rejected the notion that those familial connections constitute a conflict of interest as defined by state law.
15 Aug 2019

Group challenges R-Project route in court

"This route was picked as the cheapest for NPPD. But it is the most expensive for the health of humans and destructive to our natural habitat," the group said in a news release. The 225-mile high-voltage line will cut through the heart of the Sandhills, from Stapleton north to Thedford and east to near Clearwater.  
13 Jul 2019

Petition for review: USFWS approval of “R-Project” Transmission

Rline-_petition_for_review_thumb This civil suit filed in US District Court against the United State Fish and Wildlife Service challenges the permit granted Nebraska Public Power District to construct the R-Project Transmission Line slated to go through the Sandhills. The petition, which can be downloaded from this page, asserts that the government agency failed to properly assess the environmental impacts of the transmission line, particularly with regard to the Whooping Crane and the American Burying Beetle. The R-Project is a 225-mile transmission line. 
5 Jul 2019

Blue Hill man sues NextEra over wind turbines

According to court documents, Kohmetscher lives on an 11-acre plot that is surrounded on three sides by wind turbines from NextEra's Cottonwood Wind Energy Center, a 40-turbine, 89-megawatt farm that began operation in the fall of 2017. Kohmetscher says in the lawsuit that the closest turbine is 1,300 feet from his property line.
5 Mar 2019

Wind farms sue NPPD over termination of power purchase deal

The Broken Bow Wind Project in Custer County is one of three wind farms suing to stop Nebraska Public Power District from terminating a power purchase agreement worth tens of millions of dollars a year. Three Nebraska wind farms have filed a lawsuit against Nebraska Public Power District alleging the utility is improperly attempting to cancel power purchase agreements a decade or more before they expire.
2 Feb 2019

NextEra Letter of Intent: Wind turbine operational curtailment during severe weather

Noaa_nws_thumb NextEra's Cottonwood wind project (113.6 MW) proposes to site all of its 52 turbines within 2 to 7 miles of the Blue Hill, Nebraska NEXRAD radar. This will be the closest of any operating turbines in the U.S. to weather stations in Tornado Alley. The National Weather Service meteorologist-in-charge at the Grand Island/Hastings Weather Forecast Office in Hastings, NE, agreed to sign this letter of intent addressing the times when operational curtailment of the turbines would be required in order to evaluate a storm within the range of the radar. The agreement is in effect for five years from the date it was signed (November 24, 2014). The agreement is entirely voluntary and non-binding on any party. It can be terminated at any time upon notice of just one party. The introduction of the agreement is provided below. The full agreement can be accessed by clicking the link(s) on this page.
24 Nov 2014

http://www.windaction.org/posts?location=Nebraska&topic=Legal
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