Articles filed under Legal from USA

PG&E, NextEra face off in bankruptcy-related FERC filings

"...PG&E is involved in a number of contracts with power purchase agreement suppliers. Some of these agreements have above market terms and are pretty expensive for the company. ...PG&E may seek to reject or renegotiate some of its more expensive PPAs. The rub there is, who has jurisdiction? Can the court allow PG&E to cancel these, or do they have to go to FERC?" said Foss, noting there is case law supporting both sides.
23 Jan 2019

PG&E, NextEra face off in bankruptcy-related FERC filings

"...PG&E is involved in a number of contracts with power purchase agreement suppliers. Some of these agreements have above market terms and are pretty expensive for the company. ...PG&E may seek to reject or renegotiate some of its more expensive PPAs. The rub there is, who has jurisdiction? Can the court allow PG&E to cancel these, or do they have to go to FERC?" said Foss, noting there is case law supporting both sides.
23 Jan 2019

Proposed wind farm subject of lawsuits

The latest action came Thursday, when the nearby ranches filed a lawsuit against Sweet Grass County, alleging a proposed road use agreement ceded too much control over county roads to Crazy Mountain Wind, LLC, the company behind the project. Hours later, the Sweet Grass County Commission declined to make a decision on the agreement, saying at the advice of their lawyer, they were taking more time to consider the agreement.
18 Jan 2019

Sask. appeal court upholds extradition of man charged in wind turbine sales fraud to U.S.

The U.S. requested a committal for extradition from the Attorney General of Canada following the indictment and included a record of the case saying nine people would testify against him, six of whom said they dealt with Enviro-Energies. A Saskatchewan Court of Queen’s Bench judge approved the extradition order in August 2017, and the appeal was heard last May.
9 Jan 2019

Town of Forest loses district court appeal in wind farm case

A state appeals court Thursday, Jan. 3 dealt the town of Forest another legal blow in its attempt to limit noise levels the Highland Wind Farm would generate. The District III Court of Appeals upheld a ruling by St. Croix County Circuit Judge Edward Vlack dismissing the town's request to review part of the Public Service Commission's approval of the 44-wind turbine project.
7 Jan 2019

Court: Refund Swanton Wind developers

Swanton Wind’s developers are getting a partial refund of their $100,000 regulatory application fee, and they won’t have to pay other parties’ attorney fees should they decide to renew the project. That’s according to a Vermont Supreme Court ruling issued Dec. 21.
4 Jan 2019

Three lawsuits filed against New Creek Wind for negative health effects

"Specifically, while the plaintiffs are outside on their property, they are confronted with irritating and unabated audible noise which significantly limits the use and enjoyment of their property and results in annoyance, along with other symptoms..." one of the complaints states. The New Creek Mountain Sportsman's Club claims its members suffer from headaches, rapid heartbeat, fatigue, hearing problems and other issues while on the hunting lodge's property.
1 Jan 2019

Board must reconsider change to wind farm construction plan

The Supreme Court voted 5-2 that the Ohio Power Siting Board improperly approved a request by developers of the Black Fork Wind Energy Project to extend the date to begin construction from January 2017 until January 2019. Opponents of the farm, which would be located in portions of Crawford and Richland counties, contend the siting board allowed the company to use a procedure to evade new “setback” rules imposed by the General Assembly, which would require more distance between turbines and property lines.
27 Dec 2018

Guilty plea: Wind farm scammed investors

A proposed wind farm in Elm Springs that prompted a special election to de-annex its chosen site was always a scam, according to a recent guilty plea by one of its principal boosters. ...Instead, the scheme bilked investors out of at least $397,330, according to the guilty plea entered Thursday by Cody Fell of Springdale. Fell is a contractor and principal in the firm.
25 Dec 2018

Freedom residents sue town board over wind turbine law

“The Freedom Town Board changed the allowable height of commercial wind turbines from 450 feet to 600 feet but without any consideration of the potential adverse impacts on the environmental or the community. This violates at least two laws, the State Environmental Quality Review Law, and General Municipal Law which requires such a review. ..."Actions like these by cash-strapped towns seeking to cultivate intrusive industrial wind farms without any concern for the impact of what they’re doing are understandable, but illegal."
15 Dec 2018

Henderson sues Hounsfield over law that could aid Galloo Island Wind project development

“They tried to sneak a change into their zoning law without anyone noticing what was going on, because their zoning law doesn’t permit windmills,” Henderson Supervisor John J. Culkin said. ...According to the lawsuit, Hounsfield was required under state Town Law to notify Henderson’s town clerk in writing at least 10 days in advance about a Nov. 7 public hearing, but failed to do so.
7 Dec 2018

http://www.windaction.org/posts?location=USA&p=7&topic=Legal&type=Article
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