Articles filed under Legal

New lawsuit filed, one dismissed near Osborn Wind Project

Florida-based NextEra Energy Resources dropped its lawsuit against the Clinton County Commission on Friday, one business day before trial. ...Meanwhile, the company asked a judge to immediately rule in a lawsuit the company filed in 2017 against Washington Township, one of nine small jurisdictions in DeKalb County, just north of Clinton County.
6 Jan 2020

Energy company drops wind farm lawsuit against Clinton County

The dismissal of the case means the county ordinance will remain in effect and a wind farm cannot be constructed. Wright said the company had no comment on the dismissal. Shaw said that his clients, from the beginning of public hearings on the issue, laid out a legal framework for their case for the ordinance.
6 Jan 2020

Wind turbine case set for trial in January

In its trial brief, NexGen sets out nine points that it will try to prove. Beyond the manufacturing issues and the hydraulic power issue, NexGen claims that the three turbines the company purchased from Elecon Engineering and Reflecting Blue Technologies are not fit to produce electricity, that they do not have a 20-year lifespan, and that the turbines were not certified with India’s Centre for Wind Energy Technology, which regulates wind turbines in India, where the turbine installed at CMS was built.
2 Jan 2020

Ocean City files petition to intervene for wind farm hearing

“The massive increase in the turbine size would profoundly change the Ocean City viewscape and create serious economic, natural and environmental harm to Ocean City and the surrounding environs,” the petition reads. “No other party in this matter can adequately represent Ocean City’s interests or express the impact that the use of supersized turbines will have on its viewscape and economy. Ocean City can provide relevant and material information concerning issues relative to the proceeding.”
1 Jan 2020

Waiver request for $400M wind farm project deferred by S.D. regulators

Public Utilities Commission Chairman Gary Hanson wasn’t impressed with NextEra’s management of the project and failure to explain certain aspects of the project during previous hearings. “The compliance with the permit is foundation. A name plate, sound and flicker — these are not new to the process,” Hanson said. "At the very least this needs to be deferred until we get some answers.” Hanson said if the decisions isn’t deferred, his other option would be to deny the waiver.
31 Dec 2019

Energy firm awaits decision on civil suit

The complaint argues, in part, that the county zoning ordinance presently allows wind turbines as a permitted use in the I-C (industrial/commercial) and C-M (conservation/mining) districts. As such, the county commissioners “cannot declare the zoning ordinance substantively invalid regarding wind turbines,” because their use is provided for in the county zoning ordinance, according to the complaint.
27 Dec 2019

Watch out for energy easements

My advice: Do not sign an easement that would affect the legacy of your land and never sign anything without an attorney present. Many Iowa attorneys are held on retainer by an energy company; be sure yours is not. Easement law is not common knowledge in Iowa as it is in the West, where landowners have dealt with water or mineral rights for generations. Get an attorney who understands easement law.
24 Dec 2019

Wind farm developer sues county

The county moved to kill a wind farm project years after agreeing to support it by “fast-tracking” a zoning ordinance and changing the rules for building permits and tax incentives, the project’s developers claim in a federal lawsuit.
7 Dec 2019

Court orders Waterford wind farm must be put on 'standby mode'

On Friday, Mr Justice Simons said the developer was precluded by law from re-agitating the argument that the as built turbines are authorised by a 2011 planning permission. The developer had a full opportunity to make its case before the board and it did not challenge the decision they were not exempt under Section 5 of the Planning and Development Act 2000, he said. The developer could not, therefore, reopen the board’s findings in the High Court proceedings. 
6 Dec 2019

Mexico’s clean energy sector gets renewable credit win

Critics of the rule change worry that granting older projects the credits -- certificates known as CELs -- will reduce their value and undermine clean energy investment. While the appeals court decision technically only guarantees the value of the credits for the company that requested the initial injunction, Zuma Energia subsidiary Santa Maria 1, lower courts are likely to follow suit.
29 Nov 2019

Council loses Supreme Court appeal over whether community fund donation was material consideration for grant of planning permission

The Supreme Court has upheld a ruling that a district council acted unlawfully when, in granting planning permission for a wind turbine, it took into account a proposed donation to a local community fund. ..."they were proffered as a general inducement to the Council to grant planning permission and constituted a method of seeking to buy the permission sought, in breach of the principle that planning permission cannot be bought or sold." 
20 Nov 2019

Kahuku Wind Farm opponents declare intent to sue developer

Keep the North Shore Country announced it gave a 40-day notice to the wind farm, Na Pua Makani, and its owner, the AES Corp. The group alleges the project failed to obtain an environmental review after it added five additional parcels of land to its plans. Those parcels were not part of the project’s 2016 environmental impact statement, the group said in a news release.
15 Nov 2019

Wind turbine opponents gearing up for court battle

The petition claims that the Wheatland Township Planning Commission’s vote on Ordinance 16.25 took place after the meeting had been adjourned, in violation of Michigan’s Open Meetings Act. It also alleges a conflict of interest among several Board members, who did not recuse themselves during a later, July 12, 2018 vote to adopt the ordinance.
14 Nov 2019

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