Library filed under Legal from USA

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

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

Regulators reject controversial power line

In issuing the order, commission members said in part that the company had failed to prove that it had first obtained all necessary consent from counties along the project’s proposed route for road crossings. The PSC cited a Missouri Western District Court of Appeals decision in a separate, but recent, case pertaining to a proposed transmission line in northeast Missouri with regard to obtaining county-level permission.
17 Aug 2017

Regulators reject controversial power line

In issuing the order, commission members said in part that the company had failed to prove that it had first obtained all necessary consent from counties along the project’s proposed route for road crossings. The PSC cited a Missouri Western District Court of Appeals decision in a separate, but recent, case pertaining to a proposed transmission line in northeast Missouri with regard to obtaining county-level permission.
17 Aug 2017

Falmouth neighbors worried celebration premature in fight against wind turbines

Judge Cornelius Moriarty upheld the local zoning board’s finding that two 1.65-megawatt turbines at the town’s wastewater treatment facility were a nuisance, and he ordered them shut down. ...A few days after Moriarty’s June 20 decision, selectmen announced they had to gather more information before deciding what to do next, since the town could be on the hook for dismantling the turbines as well as loans and grants used to buy and install them if the turbines remain offline. The total potential cost to the town was previously estimated at $14 million.
7 Jul 2017

Bird Conservation Groups Win Fight Against Great Lakes Wind Project

The victory sets an especially important precedent because many other wind energy projects are currently being planned around the Great Lakes, which could threaten the future of millions of migratory birds and bats. The U.S. Fish and Wildlife Service (FWS) has recommended that no turbines be built within 3 miles of the Great Lakes shoreline. 
29 Jun 2017

http://www.windaction.org/posts?location=USA&p=3&topic=Legal
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