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In this important ruling issued by Massachusetts Superior Court Judge Cornelius J. Moriarty II, the court ordered that the decision of the Falmouth MA Zoning Board of Appeals be affirmed to the extent that the operation of Wind 1 and Wind 2 constitute a nuisance and that the Town of Falmouth cease and desist operation of the wind turbines immediately. The full order can be accessed by clicking the document icon located on this page.
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.
“There were a number of glaring instances during the Antrim proceedings where the committee appeared to set aside its own rules in favor of granting the permit to Antrim Wind,” Lerner said in a news release. “It was especially disappointing to observe several committee members held only a cursory understanding of what the rules required.”
A federal court has killed a large wind energy project in southeast Oregon over concerns about a declining sage grouse population that needs the area to breed.
The long‐running case over the impacts of proposed industrial‐scale wind energy development on Steens Mountain in southeastern Oregon was put to an end Tuesday afternoon by order of a federal court. The court vacated the Secretary of the Interior’s approval of an industrial‐scale wind project that would have forever marred one of Oregon’s most cherished high desert natural areas.
In this important ruling by the U.S. District Court for the District of Oregon, the court vacated the Secretary of the Interior’s approval of the proposed Steens Mountain wind project which would have sited up to 69 turbines and a 230 kv transmission line in area critical for sage grouse. The order is provided below and can also be accessed by clicking the links on this page.