Library filed under Legal from USA

Final ruling reinforces protection for Greater Sage-Grouse on Steens Mountain

The long‐running case over the impacts of proposed industrial‐scale wind energy development on Steens Mountain in southeastern Oregon was put to an end Tuesday afternoon by order of a federal court. The court vacated the Secretary of the Interior’s approval of an industrial‐scale wind project that would have forever marred one of Oregon’s most cherished high desert natural areas.
19 Apr 2017

Final ruling reinforces protection for Greater Sage-Grouse on Steens Mountain

The long‐running case over the impacts of proposed industrial‐scale wind energy development on Steens Mountain in southeastern Oregon was put to an end Tuesday afternoon by order of a federal court. The court vacated the Secretary of the Interior’s approval of an industrial‐scale wind project that would have forever marred one of Oregon’s most cherished high desert natural areas.
19 Apr 2017

Greater Sage-Grouse on Steens Mountain: Final Ruling

12-596_order_granting_motion_to_vacate_4-18-17_thumb In this important ruling by the U.S. District Court for the District of Oregon, the court vacated the Secretary of the Interior’s approval of the proposed Steens Mountain wind project which would have sited up to 69 turbines and a 230 kv transmission line in area critical for sage grouse. The order is provided below and can also be accessed by clicking the links on this page. 
18 Apr 2017

Greater Sage-Grouse on Steens Mountain: Final Ruling

12-596_order_granting_motion_to_vacate_4-18-17_thumb In this important ruling by the U.S. District Court for the District of Oregon, the court vacated the Secretary of the Interior’s approval of the proposed Steens Mountain wind project which would have sited up to 69 turbines and a 230 kv transmission line in area critical for sage grouse. The order is provided below and can also be accessed by clicking the links on this page. 
18 Apr 2017

Another township goes to court over wind energy in Tuscola County

The suit seeks to restrain Talaski and Zbytowski actions as planning commission members until the court takes action. Visiting Circuit Judge Kenneth Schmidt decided Talaski and Zbytowski could remain on the board with stipulation of a moratorium that no decision on wind energy development be made until Tuscola County Circuit Judge Amy Grace Gierhart can preside.
30 Mar 2017

Camp Perry Wind Complaint

Campperrycomplaintasfiled-1_thumb Two leading bird conservation groups, American Bird Conservancy (ABC) and Black Swamp Bird Observatory (BSBO), have filed a lawsuit against the Ohio Air National Guard (ANG) over its plans to build and operate a wind turbine at its Camp Perry facility. Located in Port Clinton, Ohio, on the shore of Lake Erie, Camp Perry lies in a major bird migration corridor, close to numerous Bald Eagle nests, and is likely to kill species protected under the Endangered Species Act such as Kirtland's Warbler and Piping Plover. The complaint can be accessed by clicking the links on this page. A portion of the complaint is provided below.
27 Mar 2017

Camp Perry Wind Complaint

Campperrycomplaintasfiled-1_thumb Two leading bird conservation groups, American Bird Conservancy (ABC) and Black Swamp Bird Observatory (BSBO), have filed a lawsuit against the Ohio Air National Guard (ANG) over its plans to build and operate a wind turbine at its Camp Perry facility. Located in Port Clinton, Ohio, on the shore of Lake Erie, Camp Perry lies in a major bird migration corridor, close to numerous Bald Eagle nests, and is likely to kill species protected under the Endangered Species Act such as Kirtland's Warbler and Piping Plover. The complaint can be accessed by clicking the links on this page. A portion of the complaint is provided below.
27 Mar 2017

Second lawsuit filed with connections to Tuscola III wind project

The suit essentially claims a systematic effort has been underway to “kill” the planned Tuscola III project, starting with the formation of the Ellington-Almer Township Concerned Citizens (EATCC) group, continuing with the election of several group members last November, and culminating with a one-year moratorium on wind projects and denial of special-land use permit (SLUP) by the board in January. An answer hasn’t been filed to the complaint as of press time.
22 Mar 2017

NextEra wants wind farm dispute out of federal hands

Attorney Kimberlee Spady represents the plaintiffs and alleged in her petition that NextEra filed the forms, but did not include the latitude and longitude of each turbine or specify the distance from the nearest airport, among other things. The public notices published in The Hinton Record also didn’t include information required by state law, Spady wrote.
16 Mar 2017

ABC brief supporting disclosure of bird-bat mortality: Blue Creek Wind facility

Brief_thumb This brief, filed before the Ohio Court of Common Pleas in Franklin County, Ohio, responds to Iberdrola's (Avangrid Renewables) action to stop any public disclose of bird/bat mortality data at its Blue Creek wind facility. Iberdrola has argued that the number of birds and bats killed by its turbines is a “trade secret” protected under Ohio law. The introduction and summary of arguments for why Iberdrola's claims are not supported by Ohio law are provided below. The full brief can be accessed by clicking the links on this page. The original complaint can be found here. 
7 Mar 2017

NextEra sues township over wind farm

Almer Township and its Board of Trustees face a federal lawsuit by a subsidiary of NextEra Energy Resources LLC over a proposed wind energy development. Tuscola Wind III LLC is seeking a court order to compel the township, located north of Caro, to allow development of a wind farm to proceed.
24 Feb 2017

Federal lawsuit filed against Almer Township over wind project

The suit essentially claims a systematic effort has been underway to “kill” the planned Tuscola III project, starting with the formation of the Ellington-Almer Township Concerned Citizens (EATCC) group, continuing with the election of several group members last November, and culminating with a one-year moratorium on wind projects and denial of special-land use permit (SLUP) by the board in January.
18 Feb 2017

Penn Forest Township prevails against Atlantic Wind (Iberdrola)

Atlanticwindvspennforesttwp-opinion_thumb Atlantic Wind (aka Iberdrola) filed a complaint on September 26, 2016 (amended on November 7, 2016) before the Pennsylvania Carbon County Court of Common Pleas arguing that the venue to hear its Bethlehem Watershed wind turbine proposal was unsafe and that the location  should be changed and an independent hearing officer appointed. Atlantic Wind alleged that threats of violence by the public impacted the company's ability to receive a fair hearing before the Township zoning board. Atlantic Wind also requested an injunction barring the zoning board from holding further hearings until the court could rule. In this ruling the Court of Common Pleas ruled against Atlantic Wind. The full order can be accessed by clicking the links on this page. A portion of the order is provided below.  
17 Feb 2017

Tule wind construction resumes after suspension for diffing without cultural monitors present and unauthorized clearing

The Department of the Interior temporarily shut down construction of the Tule Wind Energy project in McCain Valley  on January 20th due to six confirmed violations of the right-of-way grant conditions, including “three incidents of ground disturbing work without a cultural monitor present and three incidents of clearing beyond the disturbance limits at four different locations,”  according to the notice of temporary suspension issued January 20th.
16 Feb 2017

How Mexican wind lights San Diego homes

Renewable energy from south of the border is beginning to make a big impact on the American side. Looming over the dry desert scrub, as high as a 25-story building, the giant turbines of the Energía Sierra Juárez wind farm punctuate the horizon just south of the California border, an otherworldly array of white tubular towers each topped with three, 12-ton blades.
16 Feb 2017

http://www.windaction.org/posts?location=USA&p=4&topic=Legal
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