Documents filed under Legal

Maine Supreme Judicial Court decision vacates First Wind-Emera merger

Maine-supreme-judicial-court-decision-fw-emera_thumb The Maine Supreme Judicial Court ruled that the Maine PUC erred in approving a merger between wind developer, First Wind, and the utility Emera which owns generation assets in the State. This order vacates the PUC ruling from three years ago. The order can be accessed by clicking the links on this page. A portion of the Court's order can be found below.
4 Mar 2014

Consumers Energy Sound Mitigation Plan with Commentary

Masoncountymitigationplanreview-shineldecker_thumb The Lake Winds Energy Park has been found in violation of the Mason County Michigan zoning ordinance due to noise levels exceeding the permitted levels. The Mason County Planning Commission notified Consumers Energy of the exceedences and the matter is before the Courts. The attached document is the proposed sound mitigation plan. In addition, one of the residents pursuing the court case, Cary Shineldecker, filed a review of the mitigation plan. Both Consumers Sound Mitigation Plan and Mr. Shineldecker's review can be accessed by clicking the links on this page.
18 Feb 2014

Nuisance complaint filed against the Sheffield Wind Project: Vermont

Brouha-complaint_thumb Paul Brouha, a resident of Sutton, Vermont, filed suit in Caledonia Superior Court against Vermont Wind, Northeast Wind Partners II, and First Wind Holdings over the Sheffield Wind Project, a 40 megawatt (16 turbine) facility. The filing states that the noise from and the visual impact of the project are out of character with the surrounding area, continue for extended periods, and constitute a nuisance. The complaint document can be accessed by clicking the link on this page.
24 Jan 2014

Matter of Frigault v Town of Richfield Planning Board

Ruling012114_thumb The New York Supreme Court Judge Donald J. Cerio annulled the Special Use Permit issued in September 2014 by the Town of Richfield Planning Board to Monticello Hills, LLC to construct six 492-ft wind turbines and related infrastructure in the western portion of Richfield. The ruling stated that the project did not comply with two of the eight standards required by the Town of Richfield Land Use Ordinance. The full ruling can be accessed by clicking the links on this page.
21 Jan 2014

Town of Forest Petition for Judicial Review: Highland Wind Farm

140110petitionforjudicialreview_thumb Town officials in St. Croix county are suing Wisconsin's Public Service Commission after the regulator reversed itself and approved the Highland Wind Farm last year. Emerging Energies is seeking to erect 44 wind turbines, each standing up to 500-feet tall, in the Town of Forest. In February 2013, Wisconsin's Public Service Commission denied a permit for the project due to noise concerns, but Emerging Energies officials urged the commission to reopen the case, citing new technology that permitted the project owner to control the turbine speeds at night. The PSC agreed and approved the permit shortly after.
10 Jan 2014

Idaho Power Company v Grouse Creek Wind: Idaho Supreme Court decision

Grousecreek39151_thumb In this important ruling by the Idaho Supreme Court, the Court upheld the decision of the Idaho Public Utilities Commission to deny approval of power purchase contracts between an electric utility and two wind farms on the grounds that the contract rate for purchasing the power was contrary to public policy because it exceeded the utility’s avoided costs. The ruling examines the rights granted to States in defining 'avoided costs' as found under PURPA. A portion of the ruling is provided below. The full ruling can be accessed by clicking the link on this page.
18 Dec 2013

Utility company sentenced in Wyoming for killing protected birds at wind projects

Duke_jason_thumb Duke Energy Renewables Inc., a subsidiary of Duke Energy Corp., based in Charlotte, N.C., pleaded guilty in U.S. District Court in Wyoming today to violating the federal Migratory Bird Treaty Act (MBTA) in connection with the deaths of protected birds, including golden eagles, at two of the company’s wind projects in Wyoming.  This case represents the first ever criminal enforcement of the Migratory Bird Treaty Act for unpermitted avian takings at wind projects.
22 Nov 2013

Court order granting injunction; Falmouth turbine operations limited due to noise

Falmouthzbapreliminaryinjunctiondecisionandorder_thumb Two weeks ago, in the injunction hearing in the Town of Falmouth vs. the Falmouth Zoning Board of Appeals case where the ZBA decided that the wind turbines were a nuisance to Neil Andersen, both parties presented a 7AM to 7PM agreement to the judge.  Falmouth Selectmen subsequently disregarded that agreement and continued to run the wind turbines 5AM to 9PM.  One selectboard member advocated running the turbines 24/7 in spite of the Court's request. Hearing this, Superior Court Justice Christopher Muse granted the injunction sought by nearby residents. The order is available by clicking the link on this page.
21 Nov 2013

Procedural order and notice of possible suspension of certificate of site and facility: Iberdrola Groton Wind

11-04-13_-_procedural_order_and_notice_of_possible_suspension_of_certificate_of_site_and_facility_thumb The New Hampshire SIte Evaluation Committee (NHSEC) issued this procedural order involving Iberdrola's Groton Wind Energy facility. The controversial Groton Wind project consists of 24 Gamesa G87-2MW (48 MW total) turbines. The project was permitted by the Committee in May 2011 and placed in service December 2012. The order is in response to documented project construction changes made by Iberdrola which deviated from the approved project plans.
4 Nov 2013

Mag Wind: Canadian indicted for securities and wire fraud

131024_rowan_indictment_press_release_thumb The Grand Jury alleges that ROWAN made numerous false and deceptive claims to his U.S. based distributors and customers about the Mag-Wind Turbine by exaggerating its power generation capacity, falsifying scientific and technical data, and falsifying information regarding his capacity to manufacture and distribute the Mag-Wind turbines. 
25 Oct 2013

Owners of Le Château de Flers v La Compagnie du Vent

Tgi_montpellier_fev_2010_thumb Tribunal de Grande in Montpellier in France found that the visual and audible impacts of an operating wind facility on the owners of the Eighteenth Century Château de Flers in the northern French province of Nord-Pas-de-Calais were unreasonable and ordered the ten turbines be removed. A summary of the Tribunal's ruling is provided below. The full order can be found by clicking the link(s) on this page.
17 Sep 2013

Complaint filed US District Court: Daniel Brian Williams v. Willow Creek Energy LLC

22013cv01391williams-v-invenergywillow-creek-complaint_thumb This complaint was filed in US District Court in reference to Invenergy's Willow Creek wind energy facility, Invenergy's furst project in the Sttae of Oregon. THe project which consists of 48 turbines with a maximum output of 78 megawatts became operational in December 2008. Noise complaint were ongoing since before the project was fully operational. An excerpt of the complaint is provided below. The full complaint can be accessed by clicking on the link(s) at the bottom of this page.
9 Aug 2013

Prairie Breeze Wind Farm land lease and easement agreement

Prairiebreezelandlease_thumb This document details the land lease agreement between host landowners in Tipton County Indiana and juwi Wind LLC, the German company proposing to erect up to 94 industrial scale wind turbines for a total installed capacity of 150 megawatts. The full lease agreement can be accessed by clicking on the link at the bottom of this page.
27 Jul 2013

Minnesota PUC order on New Era (AWA Goodhue) Wind

Mnpuc-ordernewerawind_thumb The wind project formerly known as AWA Goodhue Wind received this final blow by the Minnesota PUC refusing any further extensions of the permit. The utility giant, XCEL has also canceled the power purchase agreement for the energy. Excerpts of the order are provided below. The full order can be accessed by clicking on the link at the bottom of this page.
26 Jul 2013

Ostrander Point Wind Energy Project permit revoked: Decision

13002-d1-ostrander-point-ert-decision_thumb The Ontario Environmental Review Tribunal has permitted the appeal of the Ostrander Point Wind Energy Project to proceed on the grounds that serious and irreversible harm to the natural environment will occur if the project is built. The permit granted by the Director of Ontario's Ministry of the Environment was revoked. The overview of the decision is provided below. The full decision can be accessed by clicking on the link at the bottom of this page.
3 Jul 2013

CEnergy-GLENMORE WIND v TOWN OF GLENMORE

Cenergy-v-glenmore_thumb In this case, Glenmore Windfarm # 1, LLC obtained a conditional use permit from the town of Glenmore, Wisconsin, to develop a wind farm there. The company failed to obtain the necessary building permits in time to take advantage of an offer to sell the project's output to a Wisconsin utility. CEnergy sued the town claiming its Fourteenth Amendment due process were violated. In this decision, the district court dismisses CEnergy's complaint. A portion of the decision is provided below and can be accessed in full at the links on this page.
3 Jul 2013

Appeal documents opposing approval of the Whistling Ridge Energy LLL wind energy facility

880891_petitioners_opening_brief_thumb These appeal documents challenge decisions made by the Washington State Energy Facility Site Evaluation Council and former WA Governor Christine O. Gregoire in approving the Whistling Ridge Energy Project, a 75 megawatt wind energy project proposed to be sited in Skamania County in the Columbia River Gorge. The appeal was filed by Friends of the Columbia Gorge, Inc., and Save Our Scenic Area. Excerpts of the opening and reply briefs filed by the appellants are provided below. The complete documents can be accessed by clicking on the link(s) at the bottom of the page.
2 Jul 2013

Maine DEP Draft Order on Bowers Mountain Wind

Champlainwindl25800anbn_draft_thumb This draft decision prepared by the Staff for the Maine Department of Environmental Protection details why the Bowers Mountain Wind Park should be denied. The project consisted of 16 Vestas or Siemens 3.0 megawatt turbines (48 MWs in total). Following extensive hearings on the project the Department found the project would create an unreasonable adverse effect on the scenic character and existing uses related to scenic character in the area surrounding the project. The full draft order can be accessed by clicking on the links at the bottom of this page.
1 Jul 2013

Portuguese Supreme Court orders 4 wind turbines removed

This important ruling by the Portuguese Supreme Court determined that noise emissions from a four turbine facility had resulted in severe impacts on a family living and working nearby. A lower court recommended that the turbines suspend operations from dusk to dawn but the Supreme Count found this decision was unacceptable since the turbines made noise during the day. The court ordered suspension of the total operation of wind turbine nos. 1, 2, 3, and 4 both day and night and the defendant, therefore, remove them. The defendant was also ordered to pay the plaintiffs as compensation the sum of thirty thousand euros. A portion of the ruling is provided below. The full ruling can be accessed by clinking the link(s) on this page.
30 May 2013

Court Order voids Antrim Wind LLC PILOT agreement with Town of Antrim New Hampshire

Rtk-court_ruling_5-22-13_thumb NH Superior Court has found that the Town of Antrim was in violation of the State's Right to Know law by conducting numerous unnoticed, non-public meetings to negotiate the PILOT agreement between the Town and Antrim Wind LLC, a company seeking to erect a wind energy facility in the Town. A portion of the ruling is provided below. The full order can be accessed by clicking on the link at the bottom of this page.
20 May 2013

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