Articles filed under Legal
Wind “farms” can present land-use conflict issues for nearby landowners by creating nuisance-related issues associated with turbine noise, eyesore from flicker effects, broken blades, ice-throws, and collapsing towers, for example. Courts have a great deal of flexibility in fashioning a remedy to deal with nuisance issues. A recent order by a public regulatory commission is an illustration of this point.
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.
An eight-year legal battle between the town and residents who live near two controversial wind turbines at the municipal wastewater treatment plant off Blacksmith Shop Road has been brought to a close with the recent settlement of three remaining court cases involving monetary damages.
The Conservative MP Scott Mann said he is ‘delighted’ the High Court has dismissed proposals to build a wind farm near Week St Mary. The MP for North Cornwall said Good Energy’s appeal with the High Court was ‘dismissed by judges’ on May 25.
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.
Conservation groups have filed litigation asking the courts to overturn a memo issued by the U.S. Department of the Interior that relaxed the government's interpretation of the Migratory Bird Treaty Act (MBTA) when reviewing possible violations of the Act. The complaint can be accessed by clicking the links on this page.
A group of companies operating the turbines just east of Fairbank have asked Fayette County District Court to reconsider a 2016 order declaring the structures were built in violation of zoning laws and must be torn down.
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.
“(T)he proposed wind energy facility will create an industrial ‘island’ in the midst of thousand of acres of protected land,” Mary Allen of Antrim wrote in testimony submitted to the committee in 2016 deliberations.
An appeal to build two 18-metre high wind turbines on a farm in Benwick have been refused by planners and objected to by the MOD due to “aviation safety”.
The company planning to build a wind farm in part of Fayette County is asking the state not to regulate it as an electric utility. Since 2006, at least eight other wind farms have received the treatment as West Fork Wind wants.
A clean energy company dropped out of The Wind Coalition this year after a legislator made accusations about a tracking device found on his pickup, The Oklahoman has learned.
Missouri is no longer the lone holdout to approve a high-voltage transmission project scheduled to span four states, bringing wind energy from western Kansas through Northeast Missouri further east.
Mr Justice Michael Twomey refused to quash the decision and remit it back to the board. He said that despite the alleged errors ...there was a reasonable basis upon which the board could refuse permission.
Public Service Company of Oklahoma filed a 23-page exceptions report Feb. 23 in response to an Oklahoma Corporation Commission administrative law judge's recommendation earlier this month against pre-approval of PSO's request to allow the company to charge ratepayers to help fund the project.
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.
“As the community proved at the ERT hearing, this project should not have been approved in the first place,” he said. “It’s outrageous the government could be so negligent, making it necessary for the citizens to protect the public, then hide behind flawed legislation that robs the tribunal appointed by them in overlooking their bad decisions to award costs to the citizens who successfully proved the government compromised people’s safety.”
With the proposed multi-state wind energy transmission line, Grain Belt Express, held up over controversial interpretations of Missouri law, prospective developers of the project have pushed for the case to go before the state Supreme Court.
A zoning administrator acted illegally when she granted applications to a company to build turbines on agricultural land north and east of Fairbank. That’s what the Iowa Court of Appeals said in a Feb. 21 ruling.