Articles filed under Legal from USA

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 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

Judge takes wind farm filings under advisement

District judge Steven Hornbaker on Friday told wind farm opponents they had until Wednesday to file any further motions with the court and said he will issue a memorandum decision in about 10 days. The wind farm company, county commissioners, and the county clerk are defendants in the lawsuit.
20 Jun 2019

State agency loses $20m case over New Bedford terminal

This should be time to party at the Massachusetts Clean Energy Center. After all, the agency’s underused marine terminal in New Bedford is finally profitable, and a big tenant is on its way. The saga of the New Bedford Marine Commerce Terminal took an unfavorable turn against the state on Monday when a jury in Suffolk Superior Court ruled that contractors that built the port are owed at least $20 million for unpaid work.
19 Jun 2019

Unauthorized Coventry solar project ordered to stop work

The Department of Planning & Development recently issued a cease-and-desist order to an unauthorized solar installation off Carr’s Trail. The June 4 notice issued to 394 Carr’s Realty LLC and WED Coventry Seven LLC — a subsidiary of North Kingstown-based Green Development LLC, formerly Wind Energy Development LLC, founded by Mark DePasquale — claims a recent site inspection by two members of the Department of Planning & Development found “hundreds of piles had been driven into the ground commencing construction of a proposed solar generating facility that had been denied development plan approval by the Coventry Planning Commission” two years ago.
15 Jun 2019

The wind industry’s arrogance comes around to bite them as the Public Service Commission says a rare “No”

This was a very large project, covering some 23,000 acres with 76 wind turbines, and both the North Dakota Game & Fish Department and the U.S. Fish and Wildlife Service were critical of it for its potential impacts on wildlife. Birds, in particular. The three-member, all-Republican commission rejected the permit for the project because they didn’t feel NextEra had demonstrated that they’d do enough to mitigate wildlife impacts.
12 Jun 2019

Citing wildlife impacts, North Dakota regulators deny siting permit for Burke County wind farm

Regulatory filings showed federal and state agencies charged with protecting wildlife have long been concerned with the proposed wind farm's location. A North Dakota Game and Fish Department official said upon first hearing about the project in 2016, agency staff indicated the developer "could not have picked a worse spot in the state."
12 Jun 2019

Farmer files appeal over Black Hawk Co. wind farm

Harold Youngblut filed an appeal Thursday challenging District Court Judge Kellyann Lekar’s April 29 ruling in favor of Washburn Wind Energy’s 35-turbine wind farm. The notice filed by Youngblut’s attorney, John Holmes, claims the district court erred when it failed to allow Youngblut and others to testify the turbine locations are currently used for agricultural purposes as defined in the county zoning ordinance.
31 May 2019

Wind farm opponents make good on threat of lawsuit

A petition was iled Thursday in district court by Overland Park lawyers Robert Harken and Robert Titus on behalf of 15 wind farm opponents. The petition seeks a judge’s review, declaratory relief, and a temporary restraining order. It also claims the state open records act was violated.
23 May 2019

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