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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

Invenergy sued in 2014 by residents near ‘model’ wind farm

Lippes said he is almost finished with discovery in the lawsuit and the two sides are expected to exchange the names of their expert witnesses soon afterward. ...The lawsuit cites constant noise and vibration from the turbines “significantly diminishes the value of plaintiff’s property and homes.” The 50 dBA noise limit “is violated on a regular basis,” the suit alleges.
12 Nov 2018

Agencies earn right to challenge wind farm studies

After it was revealed that Apex Clean Energy omitted the finding of a bald eagle nest on Galloo Island in spring 2017 from the application for its 109-megawatt project, administrative law judges allowed parties involved in the review to withdraw from the stipulations pertaining to studies of terrestrial ecology, wetlands and other related matters. ...Both the state departments of Public Service and Environmental Conservation said they have withdrawn from the particular stipulations due to Apex’s decision not to divulge the knowledge of the nest and the lack of studies to address it.
11 Nov 2018

Motion to intervene on turbine appeal denied

The Massachusetts Appeals Court rejected a motion to intervene in the court order to shut down Falmouth’s two wind turbines as a nuisance, upholding Barnstable Superior Court Judge Cornelius J. Moriarty II’s decision. “We see no reason to disturb the judge’s ruling,” Associate Justices Peter J. Rubin, Gabrielle R. Wolohojian, and Amy L. Blake wrote in their decision, noting the history of the litigation.
9 Nov 2018

Appeals Court upholds Falmouth wind turbine decision

Barnstable Superior Court Judge Cornelius Moriarty had deemed the turbines at the town's wastewater treatment facility a nuisance and ordered that they be permanently shut down in June 2017. The selectmen voted not to appeal the decision. ...The Green Center then appealed Moriarty’s ruling to the Massachusetts Appeals Court but again failed to gain any traction, with a panel of three judges upholding Moriarty’s decision.
7 Nov 2018

Court Order in Falmouth Appeal: DENIED

Falmouth_greencenter_appeal_decision_-_denied_thumb The Massachusetts Appeals Court upheld a lower court's decision to deny intervention involving action between the town of Falmouth and the Falmouth zoning board of appeals in which judgment had already entered. The judgment declared that two wind turbines operated by the town were a nuisance and ordered that their operation cease and desist. The proposed interveners claimed that they were entitled to intervention as of right because they had compelling interests that were no longer being adequately represented by the town. The lower court ruled, and the appellate court affirmed that the motion be denied since the interveners could not likely establish standing, and that the motion was untimely. A portion of the 10-page order is provided below. The full order can be accessed by clicking the links on this page.
6 Nov 2018

Imprudent, Unreasonable, Unnecessary, Approved

In truth, it is hard to imagine a worse factual record, a worse example of wasting ratepayer money and imposing ratepayer risk.  For $300 million or more the company will receive only 12 megawatts of power and with the assumed operational efficiency of the turbines that will work out to 78 cents per kilowatt hour.  Then a hurricane may wreck it.
2 Nov 2018

Wind turbine testimony wraps up; decision expected Dec. 17

Testimony concluded Tuesday night in the battle for Atlantic Wind to gain a permit to erect 28 wind turbines on land owned by Bethlehem Water Authority in Penn Forest Township Written briefs are due to the zoning board by Dec. 7. The zoning hearing board will meet on Dec. 17 to deliberate and announce its decision in the matter.
31 Oct 2018

Black Hawk County wind farm opponents go to court

Holmes contends the hearing and vote was moot because the correct way to handle the request would have been through a rezoning application to the elected Board of Supervisors. “(The Board of Adjustment) have no power to grant a special exemption on land that is exempt from zoning,” he said. “They should have just gone home.”
24 Oct 2018

Court-appointed referee: Deny Atlantic Wind application

“The application of the Atlantic Wind should be denied as filed as it does not comply with the not-to-exceed sound standard under the Penn Forest Zoning Ordinance; would establish a second principal use of the land in contravention of the (ordinance); and that no hardship was shown for a service building in the R-2 District." ...Schwab also wrote that the turbines would create a second, illegal use on the property. The ordinance states that a lot in the residential district can only have one principal use.
23 Oct 2018

Owners of former U.S. Coast Guard lighthouse on Galloo Island file petition over easement dispute

A petition to suspend, adjourn or dismiss the Article 10 review of the Galloo Island Wind project has been filed with the state Board on Electric Generation Siting and the Environment. Cara and Anthony Dibnah, who in 2000 purchased the former U.S. Coast Guard lighthouse on the island, are seeking relief from the board because of an ongoing easement dispute with the owner of the largest part of the island, Galloo Island Corp.
14 Oct 2018

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