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Ambrose: Courts Uphold Wind Turbine Noise Limits

Letter_to_wind_action_group_-_8dec2017_thumb This important letter by acoustician Stephen Ambrose explains how two separate court decisions, one in Massachusetts and the other in Michigan, together provide clarity on what the minimum protective noise limits should be when siting industrial wind energy facilities. Mr. Ambrose's letter includes links to the two decisions as well as supporting background information. The content of the letter is shown below. The original can be downloaded from this page.
8 Dec 2017

Ambrose: Courts Uphold Wind Turbine Noise Limits

Letter_to_wind_action_group_-_8dec2017_thumb This important letter by acoustician Stephen Ambrose explains how two separate court decisions, one in Massachusetts and the other in Michigan, together provide clarity on what the minimum protective noise limits should be when siting industrial wind energy facilities. Mr. Ambrose's letter includes links to the two decisions as well as supporting background information. The content of the letter is shown below. The original can be downloaded from this page.
8 Dec 2017

Judge blocks intervention in Falmouth turbine case

Atty_duffy__senie_ltr_w_attachments_10-18-17_thumb 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.
23 Nov 2017

Federal judge rules against wind developer

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.
7 Nov 2017

Decision: Tuscola Wind III v Almer Township MI

Tuscola_iii_v_almer_township_order_thumb This important decision by US District Court Judge Thomas L. Ludington addresses two arguments proffered by the wind industry. The first relates to the industry's argument that noise standards for limiting turbine noise emissions that are based on Lmax are not reasonable. The second discusses the argument that restricitve ordinances, in this case an Lmax noise limit, are de facto exclusionay zoning. Judge Ludington takes both claims on and finds the wind company's arguments are without merit. A portion of the decision is provided below. The full decision can be downloaded from this page.
3 Nov 2017

Litigation Filed Over Wind Energy

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.
2 Nov 2017

10th Circuit Court declines to rehear Wind Farm case

In a unanimous decision issued in mid-September, a three-judge panel reversed and remanded a September 2015 summary judgment from the Northern District Court of Oklahoma that allowed Osage Wind to conduct excavation work in order to set up 84 wind turbines across 8,400 acres without a mining permit from the Bureau of Indian Affairs or approval from the Osage Minerals Council.
18 Oct 2017

Mediator trying to find solution to wind-energy dispute

Editor's note: Windaction has been informed by parties in Michigan that this mediation step was ordered and completed more than a month before this article was filed by the Associated Press. No agreement was reached in mediation. Almer Township contends that a permit was denied due to NextEra's failure to meet the requirements in law. A hearing before the court was held in September and the parties are awaiting a final decision by the judge. 
17 Oct 2017

New judge selected in wind case; Previous judge retired at start of month

Franklin Circuit Court II Judge Clay Kellerman was selected last week as special judge in the civil case involving West Fork Wind LLC and the Rush County Board of Zoning Appeals, in which West Fork Wind – better known as NextEra Energy Resources – is challenging the Rush County BZA’s decision on their special exception permit applications back in December 2016.
12 Oct 2017

Osage Nation wins wind farm fight

The Denver Federal Appeals court, in a unanimous decision overturned a lower court ruling and said Enel Green, the owner of Osage Wind, had to obtain a mining permit in the construction of its wind farm in western Osage County, land controlled by the Osage Nation.
27 Sep 2017

Judge Mott rules Commissioners had no authority to issue wind farm permit in northwest Sumner County

In December, the county commissioner overturned a recommendation by the Sumner County Planning Commission to deny a permit.  The commission denied the permit by a 5-3 vote two weeks earlier ...However, Mott cited in a 20-page ruling issued on Sept. 21, that the Commissioners lacked the jurisdiction to approve such a permit and overturn the Planning Commision.
25 Sep 2017

Wind farm blocked in Sumner County

An attorney for a group of landowners who didn't want the wind farm says he learned of the judge's ruling late Thursday. He explains the District Court judge ruled the paperwork for the wind farm was improperly copied from a similar proposal developed last year.
24 Sep 2017

Fishing Groups and communities move forward with suit against NY wind farm

BOEM’s failure to consider the impacts to fisheries, safety, navigation and other natural resources in the NY WEA prior to moving forward with the leasing process also violates the Outer Continental Shelf Lands Act (OCSLA), which charges BOEM with considering and providing for existing ocean users. And BOEM’s actions violate the Administrative Procedure Act, which prohibits agencies from acting in ways that are arbitrary, capricious, and contrary to law.
19 Sep 2017

http://www.windaction.org/posts?location=USA&p=2&topic=Legal
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