Library filed under Legal from USA

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

Wharton Wind Farm: cease and desist threat (letters)

L.ryan_cease_and_desist_letter_thumb Seventus LLC and Wharton Wind LLC are seeking to erect an industrial wind energy facility in Wharton County, Texas. A number of county residents organized in an effort to share information regarding the wind energy proposal and to discuss potential harmful impacts once the project is placed in service. Lacricia Ryan, who with her family operate a crop-dusting business in Wharton County, is part of the group looking to educate the community about the project. 
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

Neighbors in eastern Iowa fight to bring down turbines — and win

Swanson said rural Iowa families shouldn't have to suffer wind turbines — which compact soil during construction and hurt crop yields — to satisfy urban residents' need to feel good about the environment. ..."What we care about is our homes, our health, our land, our wildlife and our economy," which are jeopardized by wind projects, said Swanson, a board member of the Coalition for Rural Property Rights, along with Youngblut.
21 Nov 2018

Turn it down: Local siting board should deny Apex’s Article 10 application

The company failed to disclose relevant information, and its application should be tossed out. Apex previously claimed that no evidence of an eagle nest existed but acknowledged under oath that the island caretaker made the firm aware of the nest in the spring of 2017. ...even after being made aware of the presence of the nest, Apex saw no “material reason” to update its application ...so it allowed its inaccurate statement to stand. This is the very definition of deception. 
18 Nov 2018

Fairbank wind farm dealt legal blow

A three-judge panel of the Iowa Supreme Court on Wednesday rejected an appeal filed by attorneys for Mason Wind, Dante Wind 6, Galileo Wind 1 and Venus Wind 4, which are under a Fayette County District Court order to remove three turbines by Dec. 9.
15 Nov 2018

Judges: Galloo Island study neglected bald eagles

After findings surfaced that an application for a Galloo Island wind farm failed to include the discovery of a bald eagle’s nest... the state departments of Public Service (DPS) and Environmental Conservation (DEC) withdrew their signatures on executed stipulations, agreements between parties that can pertain to studies that must be included in applications.
14 Nov 2018

Defense Department, NextEra continue negotiations

OSMPC contends the wind farm violates a recent amendment to the Wind Energy Development Act. The changes to the law require a determination by the federal government that planned wind turbine construction has no military impact, or the company must have an approved mitigation plan from the Defense Department, before a wind farm is constructed or expanded.
13 Nov 2018

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