Library filed under Legal from USA

First ruling in Henry County wind farm case now in judge's hands. He will rule on submitted motion to dismiss

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.”
23 Aug 2019

Judge switches course on conflict of interest case: Board members can vote on Sand Hills wind project

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.
15 Aug 2019

Seneca Wind: Notice of Application Withdrawal

Seneca_wind_application_withdrawal_notice_thumb 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.
9 Aug 2019

Judge upholds Coventry’s denial of green development project (solar)

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.
8 Aug 2019

Court battle continues for proposed wind farm

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.
7 Aug 2019

Oregon Supreme Court says the state improperly shut the public out of deciding where to place energy facilities

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.
4 Aug 2019

Oregon Supreme Court ruling could nix permits for big energy projects

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.
3 Aug 2019

Oregon Supreme Court Invalidates Energy Council's Rules for Modifying Power Plants

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.
1 Aug 2019

Bourne homeowners file suit over turbines

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.
25 Jul 2019

Wind farm case dismissed; construction not begun

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.
25 Jul 2019

Neighbors file lawsuit to stop Henry County wind farm

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.
16 Jul 2019

Group challenges R-Project route in court

"This route was picked as the cheapest for NPPD. But it is the most expensive for the health of humans and destructive to our natural habitat," the group said in a news release. The 225-mile high-voltage line will cut through the heart of the Sandhills, from Stapleton north to Thedford and east to near Clearwater.  
13 Jul 2019

Group challenges R-Project route in court

"This route was picked as the cheapest for NPPD. But it is the most expensive for the health of humans and destructive to our natural habitat," the group said in a news release. The 225-mile high-voltage line will cut through the heart of the Sandhills, from Stapleton north to Thedford and east to near Clearwater.  
13 Jul 2019

Petition for review: USFWS approval of “R-Project” Transmission

Rline-_petition_for_review_thumb This civil suit filed in US District Court against the United State Fish and Wildlife Service challenges the permit granted Nebraska Public Power District to construct the R-Project Transmission Line slated to go through the Sandhills. The petition, which can be downloaded from this page, asserts that the government agency failed to properly assess the environmental impacts of the transmission line, particularly with regard to the Whooping Crane and the American Burying Beetle. The R-Project is a 225-mile transmission line. 
5 Jul 2019

Petition for review: USFWS approval of “R-Project” Transmission

Rline-_petition_for_review_thumb This civil suit filed in US District Court against the United State Fish and Wildlife Service challenges the permit granted Nebraska Public Power District to construct the R-Project Transmission Line slated to go through the Sandhills. The petition, which can be downloaded from this page, asserts that the government agency failed to properly assess the environmental impacts of the transmission line, particularly with regard to the Whooping Crane and the American Burying Beetle. The R-Project is a 225-mile transmission line. 
5 Jul 2019

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