Library filed under Legal
A number of local residents have secured High Court orders on consent quashing An Bord Pleanála’s approval of permission for a windfarm in Co Wexford. The residents legal costs will also be paid by the Board under the settlement of their case.
The eight residents, represented by solicitors Noonan Linehan Carroll Coffey, had challenged the board’s decision on grounds including alleged failure to carry out a proper environmental impact assessment of the development prior to taking the decision.
A couple has launched a High Court challenge over a decision to grant planning permission for a windfarm development close to their Cork home.
The Falmouth Board of Selectmen voted Monday night not to appeal a judge’s decision ordering the shutdown of the town’s two massive wind turbines. “It’s time to put the matter behind us and move forward,” board Chairwoman Susan Moran said.
The seven-year saga of Falmouth’s two town wind turbines may now be coming to an end.
As Falmouth selectmen consider challenging a cease-and-desist order that left the community’s second wind turbine inoperable, they are taking into account all legal action surrounding the town-owned machines near Blacksmith Shop Road.
Judge Cornelius Moriarty upheld the local zoning board’s finding that two 1.65-megawatt turbines at the town’s wastewater treatment facility were a nuisance, and he ordered them shut down. ...A few days after Moriarty’s June 20 decision, selectmen announced they had to gather more information before deciding what to do next, since the town could be on the hook for dismantling the turbines as well as loans and grants used to buy and install them if the turbines remain offline. The total potential cost to the town was previously estimated at $14 million.
For the second time since 2014, the Ohio Air National Guard has backed away from its plans to erect a commercial-scale, $1.5 million wind turbine at Camp Perry — a decision that the region’s biggest birding organization hopes will put an end to five years of contentious litigation and send a message to other would-be developers.
The victory sets an especially important precedent because many other wind energy projects are currently being planned around the Great Lakes, which could threaten the future of millions of migratory birds and bats. The U.S. Fish and Wildlife Service (FWS) has recommended that no turbines be built within 3 miles of the Great Lakes shoreline.
“Any settlement like this will help the project move forward,” Dagger said. “It ultimately may not look exactly like the initial project that was permitted.” There will likely be fewer turbines built, but the locations of those turbines will not change, he said.
DECATUR – Construction on the Radford’s Run Wind Farm project in northwestern Macon County will continue after a Macon County judge denied a motion to grant summary judgment for three dozen landowners suing to halt the project.
The Black Swamp Bird Observatory and American Bird Conservancy dropped a federal lawsuit Thursday after the Ohio Air National Guard announced it had no plans to build a wind turbine at Camp Perry near Lake Erie.
Falmouth Board of Selectmen halted operation of the town’s second wind turbine Tuesday, June 20, after a Barnstable County Superior Court judge deemed the town-owned power source a nuisance.
A ramblers body has won High Court permission to challenge the decision to approve construction of a wind farm in the Antrim Hills.
In this important ruling issued by Massachusetts Superior Court Judge Cornelius J. Moriarty II, the court ordered that the decision of the Falmouth MA Zoning Board of Appeals be affirmed to the extent that the operation of Wind 1 and Wind 2 constitute a nuisance and that the Town of Falmouth cease and desist operation of the wind turbines immediately. The full order can be accessed by clicking the document icon located on this page.
A Barnstable Superior Court judge on Tuesday ordered the town of Falmouth to shut down two town-owned wind turbines. ...In an emergency meeting Tuesday night, selectmen instructed the town manager to comply with Moriarty’s order.
A group of families in a north Cork village who sued a wind farm operator claiming the huge turbines adversely affected their health have settled their High Court actions.
Opponents of a small proposed wind farm in Antrim are asking the state's highest court to rule on the project.
The English Supreme Court is due to hear an appeal on the long-running dispute in connection with the Robin Rigg Offshore Wind Farm. ...At issue is whether E.ON (the employer) or Højgaard (the contractor) must bear the approximate €26 million cost of remedying failed grouted connections between monopiles and transition pieces at Robin Rigg.
The state’s highest court ruled May 25 to deny a request from Flat Rock Wind, LLC. – also known as Apex Clean Energy – to hear the case of the company’s appeal of the decision, made earlier this year by the Indiana Court of Appeals, upholding a Rush County judge’s decision that the Rush County Area Board of Zoning Appeals was within its right to enact a 2,300-foot setback distance for industrial wind turbines in the proposed Flat Rock Wind Farm.