Library filed under Legal

Residents question why wind developer wrote town's appeal

Antrim Town Administrator Galen Stearns said that the wind developer's attorney drafted the motion for rehearing, and it was sent back and forth several times between Geiger and the town for modifications. ...He added that having Geiger draft the appeal was an attempt to speed up the process. Geiger drafted the PILOT (payment in lieu of taxes) agreement that was also signed by the town.
21 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

Wind turbine blade throw incident at Pattern Energy's Ocotillo Wind Project

This wholly avoidable public health and safety hazard occurred just one day after San Diego County Board of Supervisors approved the revised Wind Energy Ordinance & Boulevard Community Plan to remove community protections to allow 500 foot tall industrial wind turbines on private land in previously protected areas near homes, recreation areas, and sensitive wildlife.
16 May 2013

Drennan v. K2 Wind Ontario Inc

2013onsc2831_thumb In this order, Justice Duncan Grace stays the proceeding on the question of whether the K2 Wind Project should be stopped. The Court acknowledges that approval of the project must first be granted and the harms raised by the plaintiffs be demonstrated first. This was not a dismissal of the proceedings, only a delay until after an approval is issued.
15 May 2013

Gorge wind farm project headed for high court

The Whistling Ridge Energy Project received a green light ...But the decision scaled back the original proposal, reducing the number of wind turbines from 50 to 35. The outcome didn't leave the project developers or its opponents entirely happy. Construction never started. Opponents, led by Portland-based advocacy group Friends of the Columbia Gorge, mounted a legal challenge that's now landed before the state's highest court.
1 May 2013

Fight was worth it

Though it was officially a defeat, Wainfleet Mayor April Jeffs isn't taking the court decision regarding its 2-km wind turbine setback bylaw as a total loss. "We grabbed the attention of the public," she said.
19 Apr 2013

High Court To Hear Wind Farm Project Case

A proposal to build Connecticut's first wind farm in the state's Northwest Corner has been blowing around for several years. Now an appeal brought by a citizens' group that opposes the project will be heard by the state Supreme Court in coming months. The key question is whether the Connecticut Siting Council had jurisdiction when it approved the wind turbine electric generation project.
15 Apr 2013

Lawsuit: Searchlight Wind Energy Project complaint

Searchligh_wind_complaint_thumb Environmental groups and residents of Nevada have filed a complaint in U.S. District Court of Nevada challenging the Department of the Interior's permit granting Duke Energy permission to construct an 87-turbine wind energy facility east of Searchlight on 19,000 acres of Bureau of Land Management land. Excerpts of the complaint are provided below. The plaintiffs argue that Former Interior Secretary Ken Salazar acted in a manner that was arbitrary, capricious, an abuse of discretion and contrary to law. The full complaint can be accessed by clicking on the link(s) at the bottom of this page.
13 Apr 2013

Insurance cos. blame $20M turbine failure on Siemens

An American International Group Inc. affiliate and five other insurance companies claim Siemens Energy Inc. shirked its engineering oversight obligations for a steam turbine owned by policyholder NRG Energy Inc. and caused $20 million in damages, according to a suit removed to Texas federal court on Thursday. 
12 Apr 2013

3 face June trial in Wyoming wind farm fraud case

The indictment alleges they hired phone solicitors to make cold calls to investors, telling them that the wind farms were being constructed jointly by private investors and the U.S. government. The indictment lists victims only by their initials, stating that many of them mailed in checks for $25,000 or more. Prosecutors have declined to identify victims.
5 Apr 2013

Commercial wind turbine approved for San Leandro's shoreline as residents ready for a lawsuit

"The [Heron Bay Homeowners Association] board has to make formal vote on it, but I think we were committed before and we're committed now that we will be filing in Superior Court," said Alan Berger, the attorney for the homeowners association. "We absolutely do not feel the board of zoning and the city council followed all of the voluminous case law in California ...."
3 Apr 2013

Wind farm ruling a mixed bag, leaves a few hurdles

On Wednesday the Ohio Supreme Court granted in part, but also denied in part, a motion to dismiss an appeal filed by opponents of the project ...Among other technical legal points, the appeal claims inadequate financial protection if the turbines are decommissioned, and cites no record of how much it would cost to remove the decommissioned turbines.
29 Mar 2013

Proposed bill to allow people to sue over wind turbine damages

"This bill makes it easier for families that have been hurt by industrial wind turbines to receive compensation for their losses," Senator Lasee said. "It is unconscionable for a family that has invested hundreds of thousands of dollars in their home that they have lived in for years to be forced to move because an industrial wind tower is built nearby. Or wish that they could move and just can't afford it."
29 Mar 2013

http://www.windaction.org/posts?p=41&topic=Legal
back to top