Articles filed under Legal
“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.
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.
But RSPB Scotland challenged the decision over fears that the 335 turbines could kill thousands of protected seabirds, including puffins, kittiwakes and gannets. The conservation charity claimed the Scottish Government had acted unlawfully when considering the applications.
U.S. District Judge Stephen P. Friot ruled on a narrow jurisdictional issue on whether Minco Wind IV LLC and Minco V LLC had the standing to challenge a town ordinance. Hinton's Board of Trustees adopted an ordinance in January declaring wind project equipment within two miles of the town to be a public nuisance.
To be sure, these results haven’t been reported by mainstream media. But then, the fact that rural communities from Maine to California are rejecting Big Wind doesn’t fit the popular media’s narrative that wind energy is “green.”
In this capacity, the Attorney General’s Office represents the public in N.H. Site Evaluation Committee proceedings by making sure the environment is protected and that there is adequate energy supply, according to state law. The main argument in the three motions, each filed during the past month and a half, is that the N.H. Site Evaluation Committee broke its own rules to approve the project.
“After review of the documentation received, the appearance of procedural errors is present, while the question of good governance is also raised,” Elmore said. “The public deserves to be aware of a some questionable emails, concerning appointed or elected officials using the Planning Commission as a liaison for their personal business.”
In a 5-1 decision, the justices overturned a lower court’s dismissal of the case, which argues that the Osage County Wind Energy Ordinance should be thrown out because county commissioners allegedly failed to give proper public notice before approving it.
If the plaintiffs are deemed to have standing and clear other threshold hurdles, the court is likely to apply these principles to address their claim that NEPA requires BOEM to consider multiple ocean areas before leasing any area to a potential wind farm developer.
“The Tribunal decision has made it clear that this wind power project was never about protecting the environment,” said Jane Wilson, president of Wind Concerns Ontario, the coalition of community groups concerned about wind power projects. “The wind power project was always about money. The citizens of Prince Edward County fought hard to protect the environment and wildlife against our own Ministry of the Environment.”
Despite the decision, the turbine known as Wind 1 — one of two turbines at the Falmouth Wastewater Treatment Facility — must remain shut down as the town battles its own Zoning Board of Appeals in Land Court and faces off with neighbors in a morass of additional legal challenges.
A controversial wind turbine project is again on hold after opponents filed motions asking a state committee to rehear and reconsider its approval of the facility last year. The main argument in the three motions, each filed during the past month and a half, is that the N.H. Site Evaluation Committee broke its own rules to approve the nine-turbine installation.