Library filed under Legal

Property owners file suit over planned wind project

The suit asks for a court order that would authorize the County Commission to regulate the permitting, construction, placement and operation of wind turbines, wind mills, wind farms and any other wind-generated energy production facility or equipment operated in the unincorporated areas of Etowah County. It asks that the County Commission establish standards, specifications, criteria and conditions on the operations, and make a determination about appropriate sites where wind turbines can be located.
3 Aug 2013

Appeals Board requests funds to defend itself from town's suit

...the reason for the suit was to protect the town, which has already been faced with a lawsuit in US District Court in Boston from two homeowners claiming that the turbines represent a nuisance and are seeking monetary damages. If others follow suit, the town could be faced with a potential liability of $215 million if nuisance claims are proven.
30 Jul 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

Judge awards costs to wind company

Madam Justice S.E. Healey awarded wpd Canada and the Beattie family businesses nearly $110,000 in costs for their defense of a challenge by local landowners to wpd’s proposed Fairview wind project. ...in a ruling handed down in May, Justice Healey determined the group couldn’t legally challenge the project until the project receives approval from the Ministry of the Environment.
26 Jul 2013

Vestas takes legal action in India over Nørremark deal

Vestas has filed lawsuits against the two Indian companies embroiled in the Danish company's row with former CFO Henrik Nørremark. Vestas has filed the lawsuits in New Delhi's high court against RRB Energy and ECO RRB for the return of money handed over by Norremark, in deals that were not sanctioned by the Danish company's board.
26 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

Wind company wants state ruling upheld

Officials from Champaign County, Urbana and a group of residents opposed to the wind farm asked that the siting board to reconsider all, or parts of its decision. They raised concerns ranging from how far the turbines should be set back from homes, to noise and whether there is a need for the project.
11 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

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

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

Insurers get $20M Siemens turbine case remanded

A federal judge on Monday denied Siemens Energy Inc.'s bid to keep a lawsuit accusing it of causing $20 million in damage at a Texas power plant in federal court because a Lloyd's of London underwriter with a .01 percent share of risk is from Siemens' home state of Florida.  U.S. District Judge Gregg Costa said while plaintiffs Arch Insurance Co. Ltd., Associated Gas & Electric Insurance Services Ltd., Factory Mutual Insurance Co., National Union Fire Insurance Co. of Pittsburgh, Pa., and Zurich American Insurance Co. are diverse from Siemens' home jurisdictions of Delaware and Florida, the “certain underwriters at Lloyd's of London” plaintiffs provided a stickier point.
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

Washington Supreme Court hears wind farm case

Gary Kahn argued the case for the Friends of the Columbia Gorge. He says the group wants more investigation into some parts of the wind farm application. "Everyone involved in the siting process must do everything to assure all the applicable requirements are met," Kahn said.
27 Jun 2013

Wind-energy dispute heads to court

"Basically our community is being turned into an industrial energy zone, unwillingly," Tisdale said. "The county and the feds have not done their due diligence about what happens to people when they allow these things too close to homes and sensitive wildlife areas."
21 Jun 2013

Infigen and Gamesa end years-long legal battle over wind turbines

The long-lasting legal disputes related to five U.S. wind farms in which Infigen holds interest, particularly California's Kumeyaay Wind Farm. Following a December 2009 storm, Infigen claimed Gamesa was liable to pay over $30 million for site repairs and replacement of all 75 wind turbines at Kumeyaay. Gamesa, meanwhile, maintained that Kumeyaay Wind LLC should bear the costs.
17 Jun 2013

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