Articles filed under Legal from Ohio
The developer of the US’ first freshwater wind farm in the Great Lakes has appealed against over-restrictive operating restrictions on the approval it received last month. After a long permitting journey to satisfy 14 federal, state and local agencies, the 20.7MW Icebreaker in Lake Erie was unanimously approved by the Ohio Power Siting Board (OPSB) in May.
The Lake Erie Energy Development Corp. (LEEDCo) has asked the board to reconsider its decision so that the plans to build and operate the six-turbine demonstration project eight miles off Cleveland’s shoreline can move forward.
NexGen purchased a wind turbine from Elecon Engineering, through Reflecting Blue, and erected the turbine next to Conneaut Middle School. The turbine at CMS occasionally produced electricity, but was never officially commissioned and had repeated technical problems, said Bradley Barmen, attorney for NexGen.
In its trial brief, NexGen sets out nine points that it will try to prove. Beyond the manufacturing issues and the hydraulic power issue, NexGen claims that the three turbines the company purchased from Elecon Engineering and Reflecting Blue Technologies are not fit to produce electricity, that they do not have a 20-year lifespan, and that the turbines were not certified with India’s Centre for Wind Energy Technology, which regulates wind turbines in India, where the turbine installed at CMS was built.
“Buckeye Wind LLC and Champaign Wind LLC have relinquished the Certificates of Environmental Compatibility and Public Need issued for the Buckeye Wind project as construction activities have not commenced as required under the certificates,” according to a statement issued by Viola Baumann of Innogy – the Germany-based parent company of Buckeye Wind.
In a six-page filing obtained by The Blade and expected to be entered soon in the OPSB online docket, three lawyers for Utah-based sPower’s subsidiary, Seneca Wind LLC, notified the state siting board that the developer wants to “suspend the procedural schedule and stay discovery” until further notice.
Judge Rollex held off ruling on the validity of leases for now, but said he was denying sPower’s request for the preliminary injunction — in other words, denying the company’s request to go on private property to do its work whether landowners agreed or not.
The complaint filed in Seneca County Common Pleas Court states that each defendant refused to allow Seneca Wind access to their properties and that Seneca Wind needs to access the properties to analyze, plan and construct the project and to provide key information to Ohio Power Siting Board as it considers the application.
Retired Wood County Common Pleas Judge Robert Pollex, assigned by the Ohio Supreme Court to preside over the case, told attorneys after the final witness testified that he would give them until 4:30 p.m. Wednesday to submit their final briefs. The judge is being asked by sPower to issue an order granting immediate access to 31 tracts of land in which a different would-be developer negotiated leases from the 30 property owners more than a decade ago.
Seneca Wind LLC, a subsidiary of Utah-based sPower, whiffed Monday on its first attempt for a court order that would have let it proceed with preconstruction work on 31 tracts of private land that are part of the massive wind farm it wants to build. Visiting Judge Robert Pollex denied a request from Seneca Wind attorneys for a temporary restraining order against 30 property owners holding the combined 31 leases.
There’s a new judge and a new hearing date for the legal complaint Utah-based wind turbine developer sPower has filed against 30 property owners whom the company claims are in breach of contract by resisting sPower’s attempts to come onto their property
The Supreme Court voted 5-2 that the Ohio Power Siting Board improperly approved a request by developers of the Black Fork Wind Energy Project to extend the date to begin construction from January 2017 until January 2019. Opponents of the farm, which would be located in portions of Crawford and Richland counties, contend the siting board allowed the company to use a procedure to evade new “setback” rules imposed by the General Assembly, which would require more distance between turbines and property lines.
For the second time since 2014, the Ohio Air National Guard has backed away from its plans to erect a commercial-scale, $1.5 million wind turbine at Camp Perry — a decision that the region’s biggest birding organization hopes will put an end to five years of contentious litigation and send a message to other would-be developers.
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.
“Any settlement like this will help the project move forward,” Dagger said. “It ultimately may not look exactly like the initial project that was permitted.” There will likely be fewer turbines built, but the locations of those turbines will not change, he said.
The Black Swamp Bird Observatory and American Bird Conservancy dropped a federal lawsuit Thursday after the Ohio Air National Guard announced it had no plans to build a wind turbine at Camp Perry near Lake Erie.
The Ohio Supreme Court has rejected a challenge of the way state officials approved a wind farm in Champaign County.
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."
“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.
A U.S. Appeals Court ruling provided mixed results for a proposed wind farm in Champaign County. ...The court ruled that the federal agency used the correct standard to show Everpower minimized the impact but failed to consider other alternatives that would have led to fewer bats killed.