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During a hearing Tuesday in Douglas County Circuit Court, Judge John Kennedy denied a motion by EDP for injunctive relief against Murdock Township's efforts to enforce wind-energy zoning in the township. Kennedy said EDP did not meet the burden of showing the requirements for a preliminary injunction.
According to court documents, the township's new zoning ordinance would make the development of the Harvest Ridge Wind Farm impossible. As a result, EDP is asking the court for injunctive relief against the township's efforts.
Swanson said rural Iowa families shouldn't have to suffer wind turbines — which compact soil during construction and hurt crop yields — to satisfy urban residents' need to feel good about the environment. ..."What we care about is our homes, our health, our land, our wildlife and our economy," which are jeopardized by wind projects, said Swanson, a board member of the Coalition for Rural Property Rights, along with Youngblut.
The company failed to disclose relevant information, and its application should be tossed out. Apex previously claimed that no evidence of an eagle nest existed but acknowledged under oath that the island caretaker made the firm aware of the nest in the spring of 2017. ...even after being made aware of the presence of the nest, Apex saw no “material reason” to update its application ...so it allowed its inaccurate statement to stand. This is the very definition of deception.
A three-judge panel of the Iowa Supreme Court on Wednesday rejected an appeal filed by attorneys for Mason Wind, Dante Wind 6, Galileo Wind 1 and Venus Wind 4, which are under a Fayette County District Court order to remove three turbines by Dec. 9.
After findings surfaced that an application for a Galloo Island wind farm failed to include the discovery of a bald eagle’s nest... the state departments of Public Service (DPS) and Environmental Conservation (DEC) withdrew their signatures on executed stipulations, agreements between parties that can pertain to studies that must be included in applications.
Officials say the wind farm was being constructed along a route of airspace used by the United State Air Force for training. Now, the Federal Aviation Administration will complete an investigation to make sure there will be no hazards to anyone involved.
OSMPC contends the wind farm violates a recent amendment to the Wind Energy Development Act. The changes to the law require a determination by the federal government that planned wind turbine construction has no military impact, or the company must have an approved mitigation plan from the Defense Department, before a wind farm is constructed or expanded.
Lippes said he is almost finished with discovery in the lawsuit and the two sides are expected to exchange the names of their expert witnesses soon afterward. ...The lawsuit cites constant noise and vibration from the turbines “significantly diminishes the value of plaintiff’s property and homes.” The 50 dBA noise limit “is violated on a regular basis,” the suit alleges.
After it was revealed that Apex Clean Energy omitted the finding of a bald eagle nest on Galloo Island in spring 2017 from the application for its 109-megawatt project, administrative law judges allowed parties involved in the review to withdraw from the stipulations pertaining to studies of terrestrial ecology, wetlands and other related matters. ...Both the state departments of Public Service and Environmental Conservation said they have withdrawn from the particular stipulations due to Apex’s decision not to divulge the knowledge of the nest and the lack of studies to address it.
The Massachusetts Appeals Court rejected a motion to intervene in the court order to shut down Falmouth’s two wind turbines as a nuisance, upholding Barnstable Superior Court Judge Cornelius J. Moriarty II’s decision. “We see no reason to disturb the judge’s ruling,” Associate Justices Peter J. Rubin, Gabrielle R. Wolohojian, and Amy L. Blake wrote in their decision, noting the history of the litigation.
“I’m thrilled,” Kerns said. “The constant whoosh, whoosh, whoosh sound they make is nonstop … and the shadow effect was like I was back in the ’70s with the disco strobe light. “I couldn’t sit outside in the evening,” she added. “Until you live near one, you don’t know what it’s like.”
Barnstable Superior Court Judge Cornelius Moriarty had deemed the turbines at the town's wastewater treatment facility a nuisance and ordered that they be permanently shut down in June 2017. The selectmen voted not to appeal the decision. ...The Green Center then appealed Moriarty’s ruling to the Massachusetts Appeals Court but again failed to gain any traction, with a panel of three judges upholding Moriarty’s decision.
The Massachusetts Appeals Court upheld a lower court's decision to deny intervention involving action between the town of Falmouth and the Falmouth zoning board of appeals in which judgment had already entered. The judgment declared that two wind turbines operated by the town were a nuisance and ordered that their operation cease and desist. The proposed interveners claimed that they were entitled to intervention as of right because they had compelling interests that were no longer being adequately represented by the town. The lower court ruled, and the appellate court affirmed that the motion be denied since the interveners could not likely establish standing, and that the motion was untimely. A portion of the 10-page order is provided below. The full order can be accessed by clicking the links on this page.
In truth, it is hard to imagine a worse factual record, a worse example of wasting ratepayer money and imposing ratepayer risk. For $300 million or more the company will receive only 12 megawatts of power and with the assumed operational efficiency of the turbines that will work out to 78 cents per kilowatt hour. Then a hurricane may wreck it.
Testimony concluded Tuesday night in the battle for Atlantic Wind to gain a permit to erect 28 wind turbines on land owned by Bethlehem Water Authority in Penn Forest Township Written briefs are due to the zoning board by Dec. 7. The zoning hearing board will meet on Dec. 17 to deliberate and announce its decision in the matter.
A deadline for a mitigation plan for a proposed wind farm near Hinton has been extended a third time.
Holmes contends the hearing and vote was moot because the correct way to handle the request would have been through a rezoning application to the elected Board of Supervisors. “(The Board of Adjustment) have no power to grant a special exemption on land that is exempt from zoning,” he said. “They should have just gone home.”
“The application of the Atlantic Wind should be denied as filed as it does not comply with the not-to-exceed sound standard under the Penn Forest Zoning Ordinance; would establish a second principal use of the land in contravention of the (ordinance); and that no hardship was shown for a service building in the R-2 District." ...Schwab also wrote that the turbines would create a second, illegal use on the property. The ordinance states that a lot in the residential district can only have one principal use.
Neighbors of a planned wind farm in southwestern Montana are suing to block the project. ...They allege the wind project will threaten wetlands, migratory birds, bald eagles, historic trails, businesses and the health of people living in the vicinity.