Library filed under Legal from USA

Fairbank wind turbine owners appeal contempt judgment

District Court Judge John Bauercamper ordered county officials and the wind companies to take steps to demolish the structures, but he put the order on hold while companies appealed his decision, subject to the posting of a $450,000 bond to cover removal costs. ...On June 12, Bauercamper issued his contempt ruling, noting in part the $450,000 bond was never filed. 
13 Jul 2018

Wind Farm Nuisance Matter Resolved – Buy the Homeowners Out!

Wind “farms” can present land-use conflict issues for nearby landowners by creating nuisance-related issues associated with turbine noise, eyesore from flicker effects, broken blades, ice-throws, and collapsing towers, for example. Courts have a great deal of flexibility in fashioning a remedy to deal with nuisance issues.  A recent order by a public regulatory commission is an illustration of this point.
8 Jun 2018

Special judge to hear Miami County wind farm lawsuit

A lawsuit alleging Miami County’s wind-energy ordinance is unconstitutional is set to be decided by a special judge after all the county’s judges recused themselves from the suit. ...The suit argues the wind ordinance violates both the U.S. and Indiana constitutions by restricting land rights.
5 Jun 2018

WV PSC Order denying acquisition of wind facilities (Hardin Wind Facility and Beech Ridge II)

Wvpsc_denial-wind_farm_purchases_thumb The West Virginia Public Service Commission issued this order denying a petition filed by the Appalachian Power Company (APCo) and Wheeling Power Company seeking consent and approval for APCo to acquire the Hardin wind generation facility (Hardin Wind Facility), that is under development in Hardin County, Ohio, and the Beech Ridge II wind generation facility (Beech Ridge II Wind Facility) that is under development in Greenbrier County, West Virginia. The Beech Ridge II facility is a 50 Mw wind project and the Hardin facility is a 175 Mw wind project. An excerpt of the order is provided below that highlights the reasons for the denial. The full order can be accessed via the links on this page.
30 May 2018

Court action filed to block Black Hawk County wind farm

The action filed by attorney John Holmes details numerous reasons Youngblut believes the board’s action violated provisions of the zoning ordinance. Those include failure to provide unique and compelling evidence to rezone high-value agricultural land; failing to provide proper signed lease agreements with landowners; and excluding a definition of shadow flicker caused by turbine blades.
26 May 2018

Administrative law judge says PUC should reject Freeborn County wind project

​In a rare move, a state judge has recommended that a proposed southern Minnesota wind farm — Freeborn Wind — be denied an operating permit, saying the project has failed to show it can meet state noise standards. Meanwhile, the owner of Bent Tree Wind Farm, which is also in Freeborn County, recently agreed to buy the homes of two families who have long complained about excessive noise.
18 May 2018

Freeborn Wind LLC Order Denying Permit

Freeborn-wind-order20185-143018-01_thumb Freeborn Wind proposed to construct an up to 84 MW wind energy facility and associated facilities in Freeborn County, Minnesota. The Project is part of an up to 200 MW wind project in Freeborn County, Minnesota, and Worth County, Iowa. In this final order of recommendation, the Administrative Law Judge concluded that Freeborn Wind failed to demonstrate that the proposed Project will meet the requirements of Minn. R. 7030.0040, the applicable Minnesota Noise Standards. Portions of the order are provided below. The full order can be accessed by clicking the document links on this page.
14 May 2018

Wind farm seeks out of state regulation

The company planning to build a wind farm in part of Fayette County is asking the state not to regulate it as an electric utility. Since 2006, at least eight other wind farms have received the treatment as West Fork Wind wants.
27 Mar 2018

Tenth Circuit takes expansive view of the definition of the term “mining,” holding wind farm project needs permit prior to commencement of excavation in tribal mineral estate

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.
1 Mar 2018

Tenth Circuit takes expansive view of the definition of the term “mining,” holding wind farm project needs permit prior to commencement of excavation in tribal mineral estate

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.
1 Mar 2018

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