Articles filed under Legal
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.
Judge Carmen Means ...denied the motion for summary judgment in an oral ruling issued with little explanation indicating she did not have enough information to make a ruling and that the decision will have to be made after hearing all the evidence.
The Royal Society for the Protection of Birds (RSPB) has applied to the Supreme Court for permission to appeal against the development of a wind farm which it argues would impact seabird colonies.
The company behind plans for a £2 billion wind farm off the Fife coast has called on bird protection charity the RSPB to abandon any further potential legal proceedings which could scupper the project and put hundreds of potential jobs at risk.
The state's highest court will hear arguments involving a proposed wind farm in the town of Antrim. It's the latest development in a years-long battle for the Antrim Wind project, which has been under development since 2009.
"This judgment will come as a shock to many. The Supreme Court determined that the contractor, MT Højgaard, was under an obligation to ensure that the offshore windfarm's foundations would have a minimum lifetime of 20 years. This effectively placed on the contractor the consequences of an error in the international standard to which they were working.
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.