Library filed under Legal from Oklahoma

Walker v. APEX Wind: Order pertaining to motion to dismiss

Walker-v-apex-wind_thumb In this on-going nuisance claim filed by Walker against Apex Wind Construction in advance of construction beginning at the Kingfisher wind facility, Apex filed a motion to dismiss. The court ruled on the motion finding that some portions of the motion were granted and others denied. Excerpts of the court ruling are provided below. The full ruling can be accessed by clicking the links on this page. 
26 Jan 2015

Osage Nation request for injunction

Osage-nation-v-enel_thumb The Osage Nation has filed a request for injunctive relief involving violations of Enel Kansas LLC and the construction of wind turbine foundations on Osage lands without permission a license. A portion of the filing is excerpted below. The full filing can be accessed by clicking the links on this page. 
15 Dec 2014

The United States v. Osage Wind et. el. Injunction to cease project construction

Us-vs-osagewind-etal_thumb The U.S. government filed a federal lawsuit against Osage Wind, an industrial wind energy project consisting of approximately 84-94 turbines that is now under construction. The US is seeking a full stop of project construction due to the unauthorized mining activities taking place at the site. A portion of the filing is provided below including the factual background. The full filing can be accessed by clicking the links on this page.
2 Dec 2014

Enel Green Power response to construction halt: Osage Wind Farm

Filed_enel_comments_11.21.14_pud_2014.232_thumb The U.S. Department of Interior filed a suit against Enel Green Power claiming the company is breaking the law by damaging and destroying rocks that belong to the Osage Nation during the construction of the Osage wind energy facility. This filing submitted by Enel Green Power responds to the law suit. According to the lawsuit, EnelGreen Power will excavate more than 60,000 cubic yards of minerals, which the suit said is considered mining by law.The company is excavating sand, soil and rock, then crushing some of the materials to use as reinforcement for the concrete turbine foundations.The full document can be accessed by clicking the link on this page. 
21 Nov 2014

Wind farm faces new challenge from Osage Nation

The Osage Nation is arguing that wind farm developers need a permit from the tribe to crush rocks at this location near the intersection of U.S. 60 and Oklahoma 18 for the construction wind turbine foundations seen Oct. 22, 2014. The Osage Wind Project argues that it already has all the necessary permits to continue construction
23 Oct 2014

Conflict and legal challenges surround proposed Oklahoma wind farm

On August 27, 2014, the Oklahoma Wind Action Association (OWAA), another organization that opposes wind projects in Canadian and Kingfisher Counties, filed a proposed class action lawsuit in the U.S. District Court for the Western District of Oklahoma on behalf of  landowners who live within 3 miles of the proposed project. According to the complaint, the wind farms proposed by Apex Clean Energy will have adverse health effects and result in de facto “no-build zones” to which some property owners never consented. 
14 Oct 2014

Land owners file class action against Apex to prevent wind farm construction

The plaintiffs claim the defendants are scheduled to complete financing on the first phase of their wind farm in Canadian and Kingfisher counties in October and intend to begin construction on the first phase of the wind farm in early 2015. As a result, Industrial Wind Turbines, by their own safety standards, create a de facto “no-build” zone in a 1,500 radius surrounding the turbine, according to the suit. In many instances, this “no-build” zone overlaps with the property of landowners who have no agreement with the defendants, the suit says.
3 Sep 2014

Two wind suits tossed

A judge on Thursday threw out two of three lawsuits involving proposed wind farms in Osage County, dealing a blow to the Osage Nation’s efforts to stop a forest of industrial turbines from rising over the tallgrass prairie west of Pawhuska.
29 Aug 2014

Oklahomans file lawsuit over health concerns, property values against wind energy company

“Industrial wind energy in Oklahoma is unregulated, allowing companies to build wind farms wherever they can make deals with landowners without any required notice to those impacted,” said Brent Robinson, the president of Oklahoma Wind Action Association. “Research shows a negative impact to health for people within three miles of a turbine.
27 Aug 2014

Oklahoma citizens file class action lawsuit against wind energy companies

“Despite working tirelessly with local officials and the wind company to request a reasonable setback of wind turbines from our property, our only recourse now is litigation,” said Terra Walker, a plaintiff and property owner in Okarche, Okla. “There are real health concerns when turbines are placed too close to homes. This is about requiring safe setbacks to protect the health and safety of our families.”
27 Aug 2014

Oklahoma Citizens File Class Action in U.S. Federal Court

2014-08-27_20owaa_20final_20complaint_thumb In this important case, the plaintiffs are raising concerns regarding the health impacts and interference in the use and enjoyment of their land. In the complaint, the plaintiffs note that wind turbines emit infra and low frequency sounds that are inaudible to the human ear, and which has had have a long history of causing adverse effects to the human body and mind, including sleep loss, increased stress and cardiac issues. The plaintiffs are also concerned about how noise and shadow flicker emitted from rotating blades deteriorates the ability—in both children and adults—to properly think, remember, or concentrate. A portion of the filing appears below. The full filing can be accessed by clicking the link on this page.
27 Aug 2014

Piedmont City Council approves lawsuit against wind companies

A planned wind farm between Piedmont and Okarche could be up in the air after the Piedmont City Council voted to support legal action against the developers of the project and declared the wind farm a public nuisance. The actions, which came at a city council meeting Monday evening, were aimed at the Kingfisher wind farm, a 300-megawatt development in northern Canadian County and southern Kingfisher County.
27 Aug 2013
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