Library filed under Legal from Ohio

Oral Arguments: In re Application of Black Fork Wind Energy LLC, Case no. 2017-0412

This important legal challenge of the Ohio Power Siting Board decision tests whether the Board ignored state law and the conditions of its own certificate approving construction of the Black Fork wind energy facility when it granted a requested extension of the permit. A detailed description of the case is provided below and at the link appearing on this page. Oral arguments were heard on August 1, 2018 and can be watched at this link. Black Fork is proposed as a 91-turbine facility with a maximum capacity of 200 megawatts. The permit was initially issued in 2012.
1 Aug 2018

Bird Conservation Groups Win Fight Against Great Lakes Wind Project

The victory sets an especially important precedent because many other wind energy projects are currently being planned around the Great Lakes, which could threaten the future of millions of migratory birds and bats. The U.S. Fish and Wildlife Service (FWS) has recommended that no turbines be built within 3 miles of the Great Lakes shoreline. 
29 Jun 2017

Camp Perry Wind Complaint

Campperrycomplaintasfiled-1_thumb Two leading bird conservation groups, American Bird Conservancy (ABC) and Black Swamp Bird Observatory (BSBO), have filed a lawsuit against the Ohio Air National Guard (ANG) over its plans to build and operate a wind turbine at its Camp Perry facility. Located in Port Clinton, Ohio, on the shore of Lake Erie, Camp Perry lies in a major bird migration corridor, close to numerous Bald Eagle nests, and is likely to kill species protected under the Endangered Species Act such as Kirtland's Warbler and Piping Plover. The complaint can be accessed by clicking the links on this page. A portion of the complaint is provided below.
27 Mar 2017

ABC brief supporting disclosure of bird-bat mortality: Blue Creek Wind facility

Brief_thumb This brief, filed before the Ohio Court of Common Pleas in Franklin County, Ohio, responds to Iberdrola's (Avangrid Renewables) action to stop any public disclose of bird/bat mortality data at its Blue Creek wind facility. Iberdrola has argued that the number of birds and bats killed by its turbines is a “trade secret” protected under Ohio law. The introduction and summary of arguments for why Iberdrola's claims are not supported by Ohio law are provided below. The full brief can be accessed by clicking the links on this page. The original complaint can be found here. 
7 Mar 2017

A Win for the Indiana Bat: D.C. Circuit Court of Appeals requires analysis of greater protections for endangered species impacted by wind energy development

CLC and Union Neighbors challenged the agency's refusal to consider the higher cut-in speed proposal. The Circuit Court ruled in favor of CLC, stating that "[FWS] failed to comply with its NEPA obligations when it failed to consider an economically feasible alternative that would take fewer bats than Buckeye’s proposal."
8 Aug 2016

Ruling reversed and affirmed in wind appeal

“We conclude the (wildlife) service failed to comply with its NEPA obligations when it failed to consider an economically feasible alternative that would take fewer bats than Buckeye’s proposal, and we reverse the district court on that point,” [Circuit Judge Robert L.] Wilkins stated. 
8 Aug 2016

Wind farm blows to the high court

The group fighting a proposed wind farm in southern Huron County near Greenwich has filed an appeal to the Ohio Supreme Court. The appeal seems to be the only route left to fight the proposed Greenwich Windpark LLC project, which seeks to set up about two dozen wind turbines, said Kevin Ledet, chairman of Greenwich Neighbors United.
5 Jan 2016

Buckeye Wind Farm case appealed to state Supreme Court

But members of Union Neighbors United, a group that has fought the project for several years, are appealing that decision to the Ohio Supreme Court. Court documents filed last month show UNU is arguing the OPSB and project developers did not follow the proper procedures when seeking an extension. They also argue Everpower failed to prove the extension was necessary. Officials from Buckeye had argued an extension was needed, in part because ongoing litigation delayed the project.
1 Nov 2015

Neighbors appeal state decision on Champaign County turbines

In their request for re-hearing, attorneys for UNU argued Everpower should have been required to file a request to amend the certificate, a more lengthy process that would have allowed for public comment and testimony. The request also argued the siting board lacks the authority to approve the extension through a motion submitted to the board.
28 Sep 2014

Scioto Ridge Wind Farm clears legal challenge

Following the denial of the requests, the residents now have 60 days to decide if they wish to file an appeal to the Ohio Supreme Court. Objections to the project included: lack of consideration of the endangered Indiana brown bat; inadequate setbacks from neighboring properties, shadow flicker issues, noise concerns and a belief that residents of the six townships involved should be able to vote on the proposal.
20 May 2014

http://www.windaction.org/posts?location=Ohio&topic=Legal
back to top