Library filed under Legal from Ohio

National Guard scraps Ohio turbine project after enviros threaten lawsuit

The Washington, D.C.-based public interest law firm Meyer Glitzenstein & Crystal earlier this month sent a notice of intent to sue the Ohio Air National Guard, challenging the results of an environmental assessment of the project and a subsequent finding of no significant impact (FONSI) released in August that cleared the way for the turbine to be built. The two groups say the Air National Guard skirted federal laws, including the Endangered Species Act, by not properly analyzing the impacts on a host of sensitive avian species.
30 Jan 2014

Bird conservation groups move to block Lake Erie wind turbine project at Camp Perry

Ohio’s Black Swamp Bird Observatory and the American Bird Conservancy, a leading national organization, accused the National Guard of circumventing the environmental review process and of violating the federal Endangered Species Act. The Black Swamp group has long opposed the wind turbine plan, maintaining it would threaten millions of birds and bats that pass over the lake during the spring and fall migrations.
8 Jan 2014

State board hears Champaign turbine case

State officials listened to evidence Monday on Buckeye Wind’s request to amend portions of its certificate for the first phase of the Buckeye Wind farm. Officials from the company are seeking to relocate a substation within the same parcel, relocate four access roads, re-size two construction yards and install some collection lines.
6 Jan 2014

Opponents fail to halt wind-tower projects; Construction in Ottawa Co. criticized

Two Ottawa County wind turbine projects are proceeding despite protests from birders and warnings about the risk to bald eagles and endangered birds. The towers, a 198-foot, $1.5 million federally funded turbine to be installed at Camp Perry and a roughly 325-foot tower recently erected at the nearby Lake Erie Business Park, are unrelated but have united opponents, who contend whirling blades don’t belong in the migratory bird region along the lake shore.
24 Dec 2013

Court dispute could delay wind project

Champaign County prosecutors listed several concerns in their appeal of the second phase of the project. They include arguments that the state did not allow the county and townships a meaningful chance to cross-examine experts who testified about parts of the project’s application. Prosecutors also raised concerns that the state board should have required the wind company to meet manufacturer’s recommendations for setbacks from homes and property lines.
13 Dec 2013

Champaign County appeals wind decision

The Champaign County commissioners will appeal a recent state decision to approve the Buckeye Wind Project, saying the county will contest parts of the decision, including setbacks, use of roads and bridges and decommissioning.
8 Nov 2013

Turbine project could move to Supreme Court; Ruling allows Champaign wind farm to move ahead

Union Neighbors United, a group of residents opposed to the project, will have to evaluate the case further and decide on the best option, said Chris Walker, an attorney for the group. Robert McConnell, a member of UNU, said he wants to take the fight as far as it can go. “We’re in it for the long haul, and the next step is the Supreme Court, and that’s where we’ll be going,” McConnell said.
1 Oct 2013

Ohio Supreme Court hears oral arguments for wind farm appeal

Opponents of the project, which would feature 91 wind turbines spread across 24,200 acres in Richland and Crawford counties, have claimed there is inadequate financial protection if the turbines are decommissioned and that there is no record of how much it would cost to remove the decommissioned turbines, among other technical legal points.
22 Aug 2013

Wind company wants state ruling upheld

Officials from Champaign County, Urbana and a group of residents opposed to the wind farm asked that the siting board to reconsider all, or parts of its decision. They raised concerns ranging from how far the turbines should be set back from homes, to noise and whether there is a need for the project.
11 Jul 2013

Wind farm ruling a mixed bag, leaves a few hurdles

On Wednesday the Ohio Supreme Court granted in part, but also denied in part, a motion to dismiss an appeal filed by opponents of the project ...Among other technical legal points, the appeal claims inadequate financial protection if the turbines are decommissioned, and cites no record of how much it would cost to remove the decommissioned turbines.
29 Mar 2013

Supreme Court of Ohio order on Application of Buckeye Wind, L.L.C.

2012-ohio-878_thumb The Supreme Court of Ohio upheld an order issued by the state’s Power Siting Board approving the application of Buckeye Wind LLC to construct and operate a large-scale “wind farm” in Champaign County. The court’s 4-3 opinion authored by Justice Judith Ann Lanzinger includes dissenting opinions by two justices. The dissenting opinions provide important insight into the problems with the State's approval of the project. Those opinions are provided below. The full order can be accessed by clicking on the links at the bottom of this page.
5 Mar 2012
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