Library filed under Legal
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.
In this important decision by the Ontario Environmental Review Tribune, the Tribune officially revokes Wpd Canada's permit to install eight 137-meter (450 feet) tall wind turbines in close proximity to the Collingwood Regional Airport and a private air field owned by Kevin and Gail Elwood. In its October 2016 decision, the ERT had determined that the appellants met the test that showed there would be harm to human health. The ERT also agreed that irreversible harm to the natural environment, specifically to bats, warranted further investigation. Wpd Canada was granted an opportunity to show that mitigation could resolve the concerns. The ERT in this decision held that the risk to human health and safety was unacceptable. A portion of the decision is provided below (paragraphs 15-20) pertaining to the turbines impairing safe air travel. The full decision of the ERT can be found by clicking the links on this page.
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.
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.