Library filed under Legal from USA

Special judge to hear Miami County wind farm lawsuit

A lawsuit alleging Miami County’s wind-energy ordinance is unconstitutional is set to be decided by a special judge after all the county’s judges recused themselves from the suit. ...The suit argues the wind ordinance violates both the U.S. and Indiana constitutions by restricting land rights.
5 Jun 2018

WV PSC Order denying acquisition of wind facilities (Hardin Wind Facility and Beech Ridge II)

Wvpsc_denial-wind_farm_purchases_thumb The West Virginia Public Service Commission issued this order denying a petition filed by the Appalachian Power Company (APCo) and Wheeling Power Company seeking consent and approval for APCo to acquire the Hardin wind generation facility (Hardin Wind Facility), that is under development in Hardin County, Ohio, and the Beech Ridge II wind generation facility (Beech Ridge II Wind Facility) that is under development in Greenbrier County, West Virginia. The Beech Ridge II facility is a 50 Mw wind project and the Hardin facility is a 175 Mw wind project. An excerpt of the order is provided below that highlights the reasons for the denial. The full order can be accessed via the links on this page.
30 May 2018

Court action filed to block Black Hawk County wind farm

The action filed by attorney John Holmes details numerous reasons Youngblut believes the board’s action violated provisions of the zoning ordinance. Those include failure to provide unique and compelling evidence to rezone high-value agricultural land; failing to provide proper signed lease agreements with landowners; and excluding a definition of shadow flicker caused by turbine blades.
26 May 2018

Administrative law judge says PUC should reject Freeborn County wind project

​In a rare move, a state judge has recommended that a proposed southern Minnesota wind farm — Freeborn Wind — be denied an operating permit, saying the project has failed to show it can meet state noise standards. Meanwhile, the owner of Bent Tree Wind Farm, which is also in Freeborn County, recently agreed to buy the homes of two families who have long complained about excessive noise.
18 May 2018

Tenth Circuit takes expansive view of the definition of the term “mining,” holding wind farm project needs permit prior to commencement of excavation in tribal mineral estate

United States of America v. Osage Wind, LLC et al., 871 F.3d 1078 2017 WL 4109940 (10th Cir. Sept. 18, 2017). Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court for the Northern District of Oklahoma’s grant of summary judgment and determined that the defendants’ large-scale excavation project, involving site modification and the use of excavated rock and soil in the installation of wind turbines, constituted “mining” under federal regulations addressing mineral development on Native American land. Id. at *1. This decision creates new obligations for developers, which could result in delay and additional costs.
1 Mar 2018

Tenth Circuit takes expansive view of the definition of the term “mining,” holding wind farm project needs permit prior to commencement of excavation in tribal mineral estate

United States of America v. Osage Wind, LLC et al., 871 F.3d 1078 2017 WL 4109940 (10th Cir. Sept. 18, 2017). Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court for the Northern District of Oklahoma’s grant of summary judgment and determined that the defendants’ large-scale excavation project, involving site modification and the use of excavated rock and soil in the installation of wind turbines, constituted “mining” under federal regulations addressing mineral development on Native American land. Id. at *1. This decision creates new obligations for developers, which could result in delay and additional costs.
1 Mar 2018

Miami Co. faces lawsuit over wind farm ordinance

The county wind-farm statute requires a minimum setback of 1,000 feet from residential properties and bars property owners from building a residential structure within the setback area. That means even landowners who aren’t participating in the project could not build a residential building, or add onto their current home, if it’s within 1,000 feet of a wind turbine.
8 Feb 2018

Wind turbine blades falling off Addison’s water tower result in $1 million flop, crazy lawsuit

The turbines ran for three months before one blade fell to the ground 190 feet below. Then a second blade crashed through a nearby storage building's roof, falling into a conference room. No one was hurt. The city asked the builders to remove the contraption and rebuild it. That happened. Then another blade came loose. 
1 Feb 2018

China's Sinovel convicted in U.S. of trade-secret theft

Chinese wind turbine maker Sinovel Wind Group Co was convicted on Wednesday of U.S. charges that it stole trade secrets from AMSC, causing the Massachusetts-based company to lose more than $800 million. A federal jury in Madison, Wisconsin, found Sinovel, once AMSC’s largest customer, guilty on all charges it faced, including conspiracy, trade-secret theft and wire fraud, the U.S. Justice Department said.
25 Jan 2018

http://www.windaction.org/posts?location=USA&topic=Legal
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