Library filed under Legal from USA

Seneca Wind project delayed again

In a six-page filing obtained by The Blade and expected to be entered soon in the OPSB online docket, three lawyers for Utah-based sPower’s subsidiary, Seneca Wind LLC, notified the state siting board that the developer wants to “suspend the procedural schedule and stay discovery” until further notice.
4 Apr 2019

Litigation holds up Washburn Wind Energy turbines

“(Potential buyers) are unwilling to enter into an agreement … until the legal proceedings are resolved,” Law said. “In addition, it is unreasonable and unwise for Washburn to commence construction of the project unless or until it has a purchase agreement in place and the legal proceedings have been completed.”
22 Mar 2019

Judge temporarily halts construction on Crazy Mountain Wind project

Oldenburg ruled that both sides could face potential harm, for plaintiffs if the wind farm is built, and for the defendants, if the wind farm isn’t build. “Until the ultimate issues are decided by a trier of fact, the balance of equities does not fall in favor of one side or the other,” Oldenburg wrote in his decision.
20 Mar 2019

Court: Injunction order halting construction of Crazy Mountain Wind farm

Park_dv-2018-161_thumb Montana District Court Judge Jon A. Oldenburg ruled no construction activity involving the Crazy Mountain wind farm proposed by Pattern Energy can proceed including no alterations to roads until a trial is held to determine if the project will cause irreparable harm to the neighboring property owners. Judge Oldenburg decided that “[u]ntil the ultimate issues are decided by a trier of fact, the balance of equities does not fall in favor of one side or the other."  The full order can be accessed at the document link on this page. Below is an excerpt of the court's ruling justifying the injunction and halting construction of the project.
19 Mar 2019

Blue Hill man sues NextEra over wind turbines

According to court documents, Kohmetscher lives on an 11-acre plot that is surrounded on three sides by wind turbines from NextEra's Cottonwood Wind Energy Center, a 40-turbine, 89-megawatt farm that began operation in the fall of 2017. Kohmetscher says in the lawsuit that the closest turbine is 1,300 feet from his property line.
5 Mar 2019

Atlantic Wind appeals zoning denial

In the appeal, Debra A. Shulski and Edward J. Greene, attorneys for Atlantic Wind, call the zoning board’s denial of its second application “arbitrary and capricious,” saying that the zoning hearing board “improperly discriminated against Atlantic Wind and held Atlantic Wind to a stricter standard than mandated or permitted by the Pennsylvania Municipalities Planning Code, the Zoning Ordinance or Pennsylvania case law.”
4 Mar 2019

Wind-farm developer's suit against township's zoning rules to continue

Basically, EDP is challenging the validity of Murdock Township's zoning, arguing that the Douglas County wind regulations that have been in place for some time should supersede those of the township. Murdock Township responded to the lawsuit with motions asking the court to dismiss the EDP complaints, and Thursday, Judge Gary A. Webber denied some of the motions, but not all of them.
2 Mar 2019

Landowners testify in wind farm lease case

The complaint filed in Seneca County Common Pleas Court states that each defendant refused to allow Seneca Wind access to their properties and that Seneca Wind needs to access the properties to analyze, plan and construct the project and to provide key information to Ohio Power Siting Board as it considers the application.
23 Feb 2019

Summit Ridge Wind Farm: Extension request and comments

Comments_on_summit_ridge_wind_farm_amendment_4_thumb The Summit Ridge Wind Farm was granted a site certificate by the Oregon Energy Facility Siting Council (EFSC or Council) on August 19, 2011. The applicant now seeks a 4th amendment to the certificate that extends the start construction timeline another two years. A host of objections have been raised about the project. This page includes comments by K. Shawn Smallwood PhD outlining environmental concerns with the project’s wildlife surveys and analysis. The Friends of the Columbia Gorge, Oregon Wild, and others present their own comments. The procedural background information and an excerpt of the comments filed with the Council are provided below. The full documents can be downloaded from the links on this page.
22 Feb 2019

Fate of Seneca County wind farm project still in question after hearing

Retired Wood County Common Pleas Judge Robert Pollex, assigned by the Ohio Supreme Court to preside over the case, told attorneys after the final witness testified that he would give them until 4:30 p.m. Wednesday to submit their final briefs. The judge is being asked by sPower to issue an order granting immediate access to 31 tracts of land in which a different would-be developer negotiated leases from the 30 property owners more than a decade ago.
22 Feb 2019

Burleigh-Emmons Wind Farm developer files court appeal

Pure New Energy USA, the company proposing to develop the controversial Burleigh-Emmons Wind Farm, filed an appeal to the South Central Judicial District Court on Friday, challenging the Burleigh County Commission’s recent decision to deny 30 special use permits for the project. According to the notice of appeal, PNE argues it “met any and all requirements for issuance of the subject permits and the board should not have denied its applications.”
5 Feb 2019

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