United States of America v. Osage Wind, LLC et al., 871 F.3d 1078 2017 WL 4109940 (10th Cir. Sept. 18, 2017). Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court for the Northern District of Oklahoma’s grant of summary judgment and determined that the defendants’ large-scale excavation project, involving site modification and the use of excavated rock and soil in the installation of wind turbines, constituted “mining” under federal regulations addressing mineral development on Native American land. Id. at *1. This decision creates new obligations for developers, which could result in delay and additional costs.

Legal USA Oklahoma

United States of America v. Osage Wind, LLC et al., 871 F.3d 1078 2017 WL 4109940 (10th Cir. Sept. 18, 2017). Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court for the Northern District of Oklahoma’s grant of summary judgment and determined that the defendants’ large-scale excavation project, involving site modification and the use of excavated rock and soil in the installation of wind turbines, constituted “mining” under federal regulations addressing mineral development on Native American land. Id. at *1. This decision creates new obligations for developers, which could result in delay and additional costs.

Legal Oklahoma USA

With the proposed multi-state wind energy transmission line, Grain Belt Express, held up over controversial interpretations of Missouri law, prospective developers of the project have pushed for the case to go before the state Supreme Court.

Legal Transmission Missouri

A zoning administrator acted illegally when she granted applications to a company to build turbines on agricultural land north and east of Fairbank. That’s what the Iowa Court of Appeals said in a Feb. 21 ruling.

Legal Zoning/Planning Iowa

FAIRBANK — The Iowa Court of Appeals dealt a blow Wednesday to three wind turbines built just east of Fairbank.

Legal Iowa

LePage’s spokeswoman said her office cannot comment on pending litigation. But in announcing the executive order last month, the governor said steps were necessary to protect Maine’s scenic beauty from “out-of-state interests … eager to exploit our western mountains in order to serve their political agendas.”

Tourism Legal Maine

The county wind-farm statute requires a minimum setback of 1,000 feet from residential properties and bars property owners from building a residential structure within the setback area. That means even landowners who aren’t participating in the project could not build a residential building, or add onto their current home, if it’s within 1,000 feet of a wind turbine.

Legal Zoning/Planning Indiana

They are asking that the Court set aside the declaratory order issued by the Respondent (Iowa Utilities Board) on Feb. 2, and that the Court declare that a facility as defined in Iowa Code 476A.1(5), with regard to wind energy projects, is the entire project that is being developed as one project, and for such other and further relief as the Court deems appropriate.

Legal Iowa

The turbines ran for three months before one blade fell to the ground 190 feet below. Then a second blade crashed through a nearby storage building's roof, falling into a conference room. No one was hurt. The city asked the builders to remove the contraption and rebuild it. That happened. Then another blade came loose. 

Legal Safety Structural Failure Texas

Oral arguments for an appeal against the approval of a wind project in Antrim were heard in the state’s Supreme Court on Thursday morning.

Legal New Hampshire

Chinese wind turbine maker Sinovel Wind Group Co was convicted on Wednesday of U.S. charges that it stole trade secrets from AMSC, causing the Massachusetts-based company to lose more than $800 million. A federal jury in Madison, Wisconsin, found Sinovel, once AMSC’s largest customer, guilty on all charges it faced, including conspiracy, trade-secret theft and wire fraud, the U.S. Justice Department said.

Legal Asia USA

The complaint refers to Cass County's wind energy conversion systems ordinance, which requires wind turbines to be at least 1,000 feet from homes. That means no homes can be constructed within 1,000 feet of wind turbines, which the complaint states "authorizes the taking of private property without compensation being paid."

Legal Zoning/Planning Indiana

“If someone got a judgment that windmills contributed to some adverse health effects people suffered, I would think that would be a pretty significant ruling,” said Ross Hammersley, a Traverse City attorney with Olson, Bzdok & Howard who specializes in environmental and real estate law. Hammersley, who is not involved in the case, reviewed some of the court filings for Midwest Energy News.

Impact on People Legal Michigan

Federal prosecutors accuse Chinese wind-turbine maker Sinovel Wind Group Co. 601558 -4.29% Ltd. of stealing the source code for software that controls wind turbines from American Superconductor Corp. AMSC 2.42% , a Massachusetts-based engineering company that once counted Sinovel as its biggest customer.

Legal USA

Judge Cornelius Moriarty has denied a motion to intervene in the case filed recently by the Green Center, a nonprofit educational institute in Hatchville that supports ecological projects, and a group of Falmouth residents. They were looking for the judge to alter his ruling and come up with a more moderate solution to the problem. The motion filed by the Green Center and denied by Judge Moriarty can be accessed by clicking the document icon on this page.

Legal Massachusetts

A Hatchville-based group, seeking reconsideration of a court judgment that permanently shut down two town-owned wind turbines, does not have the standing needed to file a motion to intervene and has made its move too late, according to an attorney representing a neighbor of one of the turbines.

Legal Massachusetts

A federal judge recently dealt a blow to big wind development in a Tuscola County township. A subsidiary of NextEra Energy Resources sued Almer Township in U.S. District Court in February alleging that the township's Board of Trustees had systematically tried to prevent the development of a wind farm.

Legal Michigan

Before the Palo Alto County Board of Supervisors voted to approve a construction contract for a wind farm in the northeast portion of the county on Oct. 24, a lawsuit was filed against the developer and owner of the project.

Legal Iowa

Last week, The Green Center and a dozen citizens filed the motion asking to be allowed to intervene, even though the trial is over and a ruling has already been issued. In documents, they argue taxpayer interests had not been adequately protected by the town.

Legal Massachusetts

Big Blue River Wind Farm, LLC has volleyed the ball back to Henry County residents who claim there is no legal right for wind turbines to be set up around these parts.

Legal Indiana