Articles filed under Legal from USA

Court dispute could delay wind project

Champaign County prosecutors listed several concerns in their appeal of the second phase of the project. They include arguments that the state did not allow the county and townships a meaningful chance to cross-examine experts who testified about parts of the project’s application. Prosecutors also raised concerns that the state board should have required the wind company to meet manufacturer’s recommendations for setbacks from homes and property lines.
13 Dec 2013

Clifton couple battling wind farm say ‘we won’ after judge’s ruling, but developers vow to fight on

Horton’s 12-page decision states the town ordinance requires pre-construction contour maps, which were waived by the planning board, and the maps are needed to determine other sound factors within the plan. “Pisgah’s admitted failure to submit any such maps means that its application should not have been approved,” the judge wrote.
12 Dec 2013

Juhl Energy, Winona County Wind, sued for millions

The suit accuses Juhl Energy Development, Juhl Energy Inc., and Juhl employees Daniel Juhl, John Mitola, and John Brand, along with attorney Bartly Loethen and his wife, Audrey Loethen, and Jeff Bendel, of failing to abide by the terms of the financial agreement that required permission from Unison before financial or ownership transactions took place. Additionally, the suit alleges that the company misrepresented the ownership of the turbine project and failed to make any payments on the turbines.
8 Dec 2013

Wind power Is brought to justice

Apologists for wind and solar power insist that wind turbines only kill a few birds while climate change is the real threat. Last month, in a letter to The Wall Street Journal, an official from the American Wind Energy Association said that wind energy "enables the U.S. to develop a diverse energy portfolio better equipped to fight climate change—the number one threat to wildlife, according to the U.S. Fish and Wildlife Service." Perhaps that's true. But everyone is threatened when the law is not applied equally, and so the Justice Department should continue ruffling the feathers of lawbreakers in the green-energy business.
29 Nov 2013

How will fine for wind turbines killing birds affect Nevada wind projects?

In April, attorneys filed in U.S. District Court of Nevada a lawsuit (Searchlight suit) accusing former Interior Secretary Ken Salazar of acting in “a manner that is arbitrary, capricious, an abuse of discretion, and contrary to law” when he granted permission for construction of an 87-turbine wind farm east of Searchlight on 19,000 acres of Bureau of Land Management land. The suit alleges the Final Environmental Impact Statement, on which Salazar based his approval, was written by consultants for Searchlight Wind Energy, which is owned by Duke Energy. The suit says the FEIS is a one-sided and an incomplete portrait of the project’s adverse environmental impacts.
26 Nov 2013

How will fine for wind turbines killing birds affect Nevada wind projects?

In April, attorneys filed in U.S. District Court of Nevada a lawsuit (Searchlight suit) accusing former Interior Secretary Ken Salazar of acting in “a manner that is arbitrary, capricious, an abuse of discretion, and contrary to law” when he granted permission for construction of an 87-turbine wind farm east of Searchlight on 19,000 acres of Bureau of Land Management land. The suit alleges the Final Environmental Impact Statement, on which Salazar based his approval, was written by consultants for Searchlight Wind Energy, which is owned by Duke Energy. The suit says the FEIS is a one-sided and an incomplete portrait of the project’s adverse environmental impacts.
26 Nov 2013

Judge orders Falmouth to run wind turbines on 12-hour schedule

The preliminary injunction was filed late last night and requires the town to turn off the machines from 7 PM to 7 AM daily. Additionally, Judge Muse’s decision calls on the turbines to be turned off on Thanksgiving, Christmas and New Year’s Day. The move follows what was a supposed agreement reached two weeks ago in Barnstable Superior Court between Falmouth’s attorneys and lawyers representing neighbors living near the turbines.
23 Nov 2013

Keyser resident wants wind farm stopped

The suit, filed in U.S. District Court in Martinsburg, alleges low-frequency pulsations from the turbines, while always present, "are at times more severely debilitating, causing core pulsations. At times these symptoms are so intense that (potential buyers) cannot escape the adverse effects ... without leaving their property."
16 Nov 2013

Champaign County appeals wind decision

The Champaign County commissioners will appeal a recent state decision to approve the Buckeye Wind Project, saying the county will contest parts of the decision, including setbacks, use of roads and bridges and decommissioning.
8 Nov 2013

http://www.windaction.org/posts?location=USA&p=37&topic=Legal&type=Article
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