Library filed under Legal

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

Iowa Utilities Board issues ruling

They are asking that the Court set aside the declaratory order issued by the Respondent (Iowa Utilities Board) on Feb. 2, and that the Court declare that a facility as defined in Iowa Code 476A.1(5), with regard to wind energy projects, is the entire project that is being developed as one project, and for such other and further relief as the Court deems appropriate.
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

Citizen groups say several large wind developments allowed to use older standards

A Notice of Application for Judicial Review was filed by DDOWT in the Divisional Court in Toronto on Tuesday against the Ministry of the Environment and Climate Change alleging the ministry has allowed companies promoting at least five large-scale wind projects to ignore new government guidelines with respect to limiting the amount of noise any residence in the area should have to tolerate.
26 Jan 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

Landowners sue Cass County over wind rules

The complaint refers to Cass County's wind energy conversion systems ordinance, which requires wind turbines to be at least 1,000 feet from homes. That means no homes can be constructed within 1,000 feet of wind turbines, which the complaint states "authorizes the taking of private property without compensation being paid."
24 Jan 2018

Michigan landowners’ long-shot lawsuit has high stakes for wind industry

“If someone got a judgment that windmills contributed to some adverse health effects people suffered, I would think that would be a pretty significant ruling,” said Ross Hammersley, a Traverse City attorney with Olson, Bzdok & Howard who specializes in environmental and real estate law. Hammersley, who is not involved in the case, reviewed some of the court filings for Midwest Energy News.
12 Jan 2018

Court orders halt to Juchitán wind farm

Judges from Mexico’s highest court unanimously decided to grant an amparo, or injunction, to members of the Zapotec community in Juchitán on the grounds that they hadn’t been consulted or given their permission or authorization for the project to go ahead on their land.
11 Jan 2018

Ambrose: Courts Uphold Wind Turbine Noise Limits

Letter_to_wind_action_group_-_8dec2017_thumb This important letter by acoustician Stephen Ambrose explains how two separate court decisions, one in Massachusetts and the other in Michigan, together provide clarity on what the minimum protective noise limits should be when siting industrial wind energy facilities. Mr. Ambrose's letter includes links to the two decisions as well as supporting background information. The content of the letter is shown below. The original can be downloaded from this page.
8 Dec 2017

Judge blocks intervention in Falmouth turbine case

Atty_duffy__senie_ltr_w_attachments_10-18-17_thumb Judge Cornelius Moriarty has denied a motion to intervene in the case filed recently by the Green Center, a nonprofit educational institute in Hatchville that supports ecological projects, and a group of Falmouth residents. They were looking for the judge to alter his ruling and come up with a more moderate solution to the problem. The motion filed by the Green Center and denied by Judge Moriarty can be accessed by clicking the document icon on this page.
23 Nov 2017

Federal judge rules against wind developer

A federal judge recently dealt a blow to big wind development in a Tuscola County township. A subsidiary of NextEra Energy Resources sued Almer Township in U.S. District Court in February alleging that the township's Board of Trustees had systematically tried to prevent the development of a wind farm.
7 Nov 2017

Decision: Tuscola Wind III v Almer Township MI

Tuscola_iii_v_almer_township_order_thumb This important decision by US District Court Judge Thomas L. Ludington addresses two arguments proffered by the wind industry. The first relates to the industry's argument that noise standards for limiting turbine noise emissions that are based on Lmax are not reasonable. The second discusses the argument that restricitve ordinances, in this case an Lmax noise limit, are de facto exclusionay zoning. Judge Ludington takes both claims on and finds the wind company's arguments are without merit. A portion of the decision is provided below. The full decision can be downloaded from this page.
3 Nov 2017

http://www.windaction.org/posts?p=3&topic=Legal
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