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In a unanimous decision issued in mid-September, a three-judge panel reversed and remanded a September 2015 summary judgment from the Northern District Court of Oklahoma that allowed Osage Wind to conduct excavation work in order to set up 84 wind turbines across 8,400 acres without a mining permit from the Bureau of Indian Affairs or approval from the Osage Minerals Council.
Ontario’s already lost a related case on very different legal grounds. Last year an international tribunal agreed the government violated the North American Free Trade Agreement with its moratorium on wind farms, which killed a project next to the one Trillium was working on run by an American-backed company. The people of Ontario are out $28 million in damages and legal costs for that.
Editor's note: Windaction has been informed by parties in Michigan that this mediation step was ordered and completed more than a month before this article was filed by the Associated Press. No agreement was reached in mediation. Almer Township contends that a permit was denied due to NextEra's failure to meet the requirements in law. A hearing before the court was held in September and the parties are awaiting a final decision by the judge.
Franklin Circuit Court II Judge Clay Kellerman was selected last week as special judge in the civil case involving West Fork Wind LLC and the Rush County Board of Zoning Appeals, in which West Fork Wind – better known as NextEra Energy Resources – is challenging the Rush County BZA’s decision on their special exception permit applications back in December 2016.
INDIANAPOLIS — Indiana should not regulate statewide zoning requirements for wind turbine development, those in the industry said Thursday, despite requests from Hoosiers who favor state controls to assure consistency.
German wind developer Wpd has filed a complaint to Germany’s constitutional court against the Wind Energy at Sea Act (WindSeeG) after its far-offshore project Kaikas in the North Sea was excluded from future offshore wind tenders without compensation to the developer.
The court said it was setting aside An Bord Pleanala’s decision on grounds including that irrelevant considerations were taken into account by the planning authority when it turned an application by Element Power Ireland Ltd to develop the project.
The Denver Federal Appeals court, in a unanimous decision overturned a lower court ruling and said Enel Green, the owner of Osage Wind, had to obtain a mining permit in the construction of its wind farm in western Osage County, land controlled by the Osage Nation.
Commission lawyer Kristin Edwards said the docket is a matter of "first impression" for wind farms regarding such requirements as setback distances and noise levels. She said it could set precedent for future wind permits anywhere in South Dakota.
In December, the county commissioner overturned a recommendation by the Sumner County Planning Commission to deny a permit. The commission denied the permit by a 5-3 vote two weeks earlier ...However, Mott cited in a 20-page ruling issued on Sept. 21, that the Commissioners lacked the jurisdiction to approve such a permit and overturn the Planning Commision.
An attorney for a group of landowners who didn't want the wind farm says he learned of the judge's ruling late Thursday. He explains the District Court judge ruled the paperwork for the wind farm was improperly copied from a similar proposal developed last year.
SolarCity will pay $29.5 million to settle a long-running investigation into allegations it violated federal law by submitting inflated claims to the government through a popular stimulus program set up during the Obama administration, the U.S. Justice Department said Friday.
BOEM’s failure to consider the impacts to fisheries, safety, navigation and other natural resources in the NY WEA prior to moving forward with the leasing process also violates the Outer Continental Shelf Lands Act (OCSLA), which charges BOEM with considering and providing for existing ocean users. And BOEM’s actions violate the Administrative Procedure Act, which prohibits agencies from acting in ways that are arbitrary, capricious, and contrary to law.
As of this writing, local wind turbine projects seem to have run their course with local decision-makers. A lawsuit is still working its way through the system to clarify whether or not those boards ever had authority to give a green light to the power producers in the first place.
Opponents of a wind farm near Blueskin Bay say ''common sense has prevailed'' with the Environment Court decision on Monday but the ruling comes too late for one former resident who moved away in protest.
Pádraic Dolan, of the Meath Wind Information Group, said his organisation was confident that any challenge would be unsuccessful. He told the Irish Daily Mail that the planning board had been unequivocal in its refusal, citing the proximity of the wind farm to a large number of homes, and the landscape’s cultural significance.
In issuing the order, commission members said in part that the company had failed to prove that it had first obtained all necessary consent from counties along the project’s proposed route for road crossings. The PSC cited a Missouri Western District Court of Appeals decision in a separate, but recent, case pertaining to a proposed transmission line in northeast Missouri with regard to obtaining county-level permission.
The Environmental Review Tribunal has ruled the approval for a 500-foot-tall wind turbines in an area near the Collingwood Regional Airport should be revoked.
Most members of Missouri’s regulatory panel said they, too, wanted to approve the high-profile project but felt compelled to vote against it because of a recent state appeals court ruling. The judges in that case said utilities must first get the consent of counties to string a power line across roads before state approval can be granted.
There may not be eight wind turbines spinning in Clearview Township after all. In a decision released Wednesday, the Environmental Review Tribunal revoked the renewable energy approval for the project, saying the danger to human life and safety was too great.