Commissioner Kristie Fiegen said the fact that Prevailing Wind violated one of many conditions in their permits so early in their construction was a major concern -- especially for a project of its size. ...in order to avoid a costly civil lawsuit. Prevailing Wind will pay the maximum fine of $10,000 per day of the violation, totaling $30,000. The money will go to the permanent school fund.

Legal South Dakota

“This major legislation doubles the amount of time citizens have to prepare for and resolve issues during wind evidentiary hearings,” said PUC Chairman Gary Hanson. “It gives citizens a stronger negotiating position, and guarantees that all parties to a docket are entitled to an evidentiary hearing. The new law also provides local governments with more influence in wind and solar development.”

Energy Policy South Dakota

In the eyes of a lawyer, which is not very romantic, when a wind farm contains steel, wires, underground cabling, electrical components and concrete we have potential legal liability.  Wind farm infrastructure is not owned by the landowner.  It is owned by the wind farm operator.  A landowner has no right to control or interfere with a wind farm. Who may be liable and to what extent is always an interesting legal question.  A court calls this the allocation of liability.  It is best not to become involved in a question on the allocation of liability.  General liability insurance coverage is one way in which liability risks are reduced.

General USA South Dakota

State commission member Chris Nelson said escrow arrangements provide financial protection in case a wind farm's owner goes bankrupt. The money would be returned to companies if it isn't needed. "It's a good bill for landowners and a good bill for developers," Nelson said.

Energy Policy South Dakota

Financial decommissioning safeguards, if in place, would have a considerable effect on the interest of local landowners, farmers, ranchers and neighbors in proposed wind farms. It is a common response to a proposed wind farm for a landowner to say, 'Oh yes they will be here today – but gone tomorrow.' If 'tomorrow' comes don't landowners, farmers, ranchers and the neighbors of a wind farm have a right to the proper and complete process of decommissioning?

Energy Policy South Dakota

That no vote came from Senator Jim Bolin (R-Canton). “Wind power is a sensitive subject in southern Lincoln County,” Bolin said. “The subject has many concerns. ...I am not against wind energy, but it is a very intense, localized issue in my district.”

Energy Policy South Dakota

Special thanks to Attorney David Ganje for contributing this informative essay on wind energy leases.

Legal USA South Dakota

A public meeting was held on Monday, December 10, 2018, at the Martin Activity Center to discuss plans for Pass Creek Wind, a utility-scale wind energy project planned for Bennett County north of Martin. Approximately 35 people attended the meeting including Bennett County Commissioners, local ranchers and members of the Oglala Sioux Tribe. 

General South Dakota

James Madson, the project development manager, said there still isn't a purchaser for the electricity. ...The commission Thursday also approved a transmission line of 230-kilovolt capacity that would cross 34 miles of Grant and Codington counties and connect two 300-megawatt projects to Otter Tail Power's Big Stone South sub-station.

General South Dakota

Both the South Dakota Public Utilities Commission (PUC) and Department of Health are playing Russian Roulette with the health of their constituents if projects permitted in 2018 use ten year old data for guidelines on safety and quality of life. Inadequate protection by policy makers will result in jeopardized public health and exorbitant legal expenses to defend inadequate guidelines based on outdated data.

General South Dakota

The state Public Utilities Commission ruled Friday that opponents could subpoena information from county governments and witnesses could testify by telephone or videoconference when a wind-farm project comes up for a permit hearing next month.

General South Dakota

We pay for these projects through taxes and increased utility rates for power we don’t need or use. People won’t know what hit them until the towers are built. That’s too late. These sacrifice quality of life, health, safety and residential property values for the greed of a few.

Impact on People South Dakota

The most powerful wind turbines ever seen in the state could soon be built in southwest Minnesota. The state needs to approve the proposed wind farm. The industry is ramping up turbine size in the name of efficiency, but the skyscraper-sized machines are also attracting more public opposition.

Impact on People Minnesota South Dakota

Dakota Range Wind I and II will initially place towers in Codington and Grant Counties. A followup project would place more towers into Grant and also into Roberts County. Attorney for the interveners is John Wiles of the Watertown firm Wiles & Rylance.

General South Dakota

The commissioners’ approval of the three motions Tuesday didn’t mean they were approving the wind farm at this time. Instead, they decided the project was in compliance with the county zoning ordinance, which takes the process to the next level. The commissioners were split in their votes.

General South Dakota

The knotty issue of a haul road agreement between Apex Energy and Codington County got a bit untangled at Tuesday’s county commission meeting. The tentative agreement is designed to allow work to proceed on the Dakota Range I and II Wind Project and protect the county against potential road degradation during the expected 30-year lifespan of the project.

General South Dakota

Ordinances governing wind energy systems, which are to be developed within a county, have a wide ranging effect on the local geography and economy.  Local participation in ordinance drafting is a great advantage of county lawmaking.  This leaves an opportunity for county commissioners to make the public, its local residents, “partners” in this lawmaking.  There should be little uncertainty in ordinance language, it should be transparent, and the end product should favor open public participation in wind farm applications.

Legal Zoning/Planning South Dakota

The South Dakota Public Utilities Commission (PUC) held a public hearing on the wind farm last month in Avon, attended by about 200 people. The four-hour meeting generated testimony from both sides for the controversial project. ...The PUC expects to make a final decision on Prevailing Wind by October.

General South Dakota

Minor damage to a Codington County road has one citizen concerned about what will happen when construction on wind towers begins in full.

General South Dakota

The attempt by a London, England, company to build a wind farm in Yellow Medicine County is meeting resistance from a small community just across the South Dakota border ...The request is that RES and the MPUC respect and honor the ordinance that requires wind tower setbacks to be at least 3 miles away from the water.

General Minnesota South Dakota