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The suit was filed Tuesday and names EDP Renewables, Arkwright Summit Wind Farm LLC, Horizon Wind Energy LLC, Tetra Tec EC Inc., Tetra Tech ES Inc., Tetra Tech Construction Inc., URS Corp., West Inc. Fisher Associates P.E., L.S., L.A. of New York, P.C., Fisher Associates, P.E., L.S., L.A., D.P.C., White Construction of Indiana LLC and any other corporations who may be liable to the plaintiffs. No court date has been set yet, though an answer by the companies is due in either 20 or 30 days depending on how the companies are served paperwork.
Commissioner’s ‘apparent collaboration’ with wind farm opponents an issue in lawsuit
The other contention is that the project developer failed to acquire control of the state-owned site for the wind farm within a PUC deadline. Collins said the developer missed a 120-day deadline because it didn't receive a permit for incidental Hawaiian hoary bat deaths until six months after the PUC approval. "You don't have an incidental take permit, you don't have site control, " he said.
“Buckeye Wind LLC and Champaign Wind LLC have relinquished the Certificates of Environmental Compatibility and Public Need issued for the Buckeye Wind project as construction activities have not commenced as required under the certificates,” according to a statement issued by Viola Baumann of Innogy – the Germany-based parent company of Buckeye Wind.
Buckeye Wind LLC and Champaign Wind LLC, who collectively sought and received approval to construct the Buckeye I and Buckeye II wind energy facilities, have now withdrawn their applications and surrendered their certificates of environmental compatibility and public need. The notices of withdrawal are available at the document links on this page.
Proponents of a wind farm project in the south-central part of Marion County received a favorable nod from the district court on its motion to dismiss a civil suit filed in mid-May.
A district judge has dismissed with prejudice a lawsuit seeking to block development of a wind farm in Marion County.
Rick Porter, the attorney for the 15 neighbors, said he had “yet to deal with a 50-page motion to dismiss.” “It seems they're trying to litigate the entire matter in a motion to dismiss,” he said, adding that it was “before we even have a chance to bring in witnesses” in a trial. He said his clients were “citizens hiring an attorney battling a mega-company with an unlimited budget.”
The group, along with a local landowner, sued the county last month to prevent board members Martin DeNaeyer and Tanya Storer from voting on the application. ...But in vacating his initial temporary injunction, State District Court Judge Mark Kozisek rejected the notion that those familial connections constitute a conflict of interest as defined by state law.
In early 2018, Seneca Wind LLC initiated the process before the Ohio Power Siting Board to secure authorization to construct and operate a 70 turbine (up to 200 MW) wind energy facility on 25,000 acres of leased land situated in Seneca County, Ohio. This letter submitted to the Siting Board states that Seneca Wind LLC wishes to withdraw its application from consideration.
Despite the fact the project was denied, DePasquale began prepping the two properties for the installation of solar arrays anyway. In early June, the Department of Planning & Development issued a cease-and-desist order for DePasquale’s unauthorized solar installation. A week later, on June 10, the town issued a finalized order, requiring that DePasquale remove all pilings and cease all work on the property except for seeding, loaming, and related landscape clean-up activities.
Fifteen Marion County landowners are continuing their fight against Expedition Wind, by asking the court not to grant a motion to dismiss the civil action lawsuit filed in mid-May. The lawsuit, according to the legal document filed July 26, stated that it’s too early to dismiss because the expected findings, which will come from discovery, have yet to be entered before the Eighth Judicial District in Marion County.
Friends of the Columbia Gorge said in a statement that the ruling is likely to affect two projects: a wind farm along the Deschutes River and a natural gas-powered electrical generating plant in Umatilla County, both of which the group says benefited from the 2017 rule change the court now says was improper. "As a result of today's ruling, the permission to build two specific projects has now expired," Friends said.
An Oregon Supreme Court ruling could bring an end to permits for two big energy projects in Eastern Oregon and eight more statewide. The Oregon Energy Facility Siting Council in October 2017 adopted a swifter, less public method to amend permits, or site certificates, for wind farms, thermal power plants and other large energy facilities. While the traditional “type A” review process involved public notices and hearings, the new “type B” process cut out the public involvement, including allowing interested parties to request a contested case proceeding. Type B also required staff to issue decisions as soon as possible.
Today the Oregon Supreme Court held in favor of a coalition of nine conservation organizations, invalidating rules adopted in 2017 by the Oregon Energy Facility Siting Council (EFSC) that had dramatically reduced transparency and discouraged public participation in permitting decisions for large power plants throughout Oregon. Today’s legal victory is also expected to terminate the previously issued permits for two controversial power projects, the Summit Ridge Wind Farm proposed in Wasco County, along the Deschutes river, and the Perennial Wind Chaser Station, a natural gas power plant proposed in Umatilla County.
According to the suit, Chin, a registered real estate broker, had Rosemary Victoria sell the house to Mojica and Grendon, but neither informed the couple that the turbines would likely be built, a violation of state regulations that require the disclosure of information that would influence prospective buyers. “Angela S. Chin and Rosemary Victoria violated this regulation by not disclosing to the plaintiffs that four, massive, wind turbines would soon be constructed on the adjacent lot,” Henchy wrote.
Only a week after 70 opponents of a wind farm filed a lawsuit against Marion County Planning Commission over approving a conditional use permit, they dismissed the case. The plaintiffs dismissed the suit July 17 before the planning commission filed an answer.
The suit asks that the special-use permit granted by the Henry County Board last December be declared void because, among other things, the county allegedly failed to hold a public hearing with notice of the particular location of the property. It also alleges Avangrid failed to identify a specific turbine model, the exact number of turbines and the final locations of turbines.
A judge on Monday temporarily blocked two Cherry County Board members from voting on a planned wind energy project in the Sand Hills, siding with opponents who argued that those board members have a financial stake in the project’s outcome.
“All we’re looking for is that this matter be determined by people who don’t have a vested interest in the outcome,” said Jason Bruno, the Omaha attorney representing Preserve the Sandhills.