Articles filed under Legal
According to court documents, the defendants “have never submitted a valid application for a conditional use permit to construct and operate a wind energy project in Saline County.” Plaintiffs also allege the CUPs that were filed on behalf of the wind project are invalid, as development was supposed to be completed two years following the Board of Commissioners’ approval in 2016.
Appeal Court judges have overturned a landmark High Court ruling on the extent to which applicants can vary existing permissions after finding that a planning inspector acted "beyond her powers" in allowing a variation to conditions attached to a wind farm consent.
Chief Justice David Maraga has appointed a new three-judge bench to hear a land case between Lake Turkana Wind Power Ltd and Marsabit residents after the previous judges recused themselves. ...The residents say they cannot access the expansive land for grazing, and want nullification of the title deed issued to the wind power company which seeks to inject 310mw into the national grid.
Pending appeal, a decision handed down in state Supreme Court Monday could spell the beginning of the end of the proposed $775 million Alle-Catt Wind Farm. State Supreme Court Judge Terrence Parker ruled the Freedom Town Board acted illegally in approving its new wind law at the urging of Invenergy, the developer of the proposed 340-megawatt wind farm spread across five towns.
“Today is not the end. We’re still going to be fighting,” said Kamalani Keliikuli, vice president of Ku Kiai Kahuku. “We just don’t want the turbines, and we want them to listen to us. We’re in it for the fight.” The arrests started Thursday night in Kalaeloa, where hundreds gathered to try to stop the equipment from leaving a base yard for the North Shore.
The Intermediate Court of Appeals is reviewing whether a key component of the windmill project’s environmental review is adequate. The challenge by Keep the North Shore Country is likely to carry on in court well into next year. “Should we prevail then these guys might not be able to operate,” said Sen. Gil Riviere, who represents the area at the legislature and is part of the Keep the North Shore Country group.
To date, the county has spent $22,725 on lawyers for work related to the Expedition Wind project since National Renewable Solutions purchased the project from an earlier developer. The county spent $2,973 on legal expenses with the earlier developer. County clerk Tina Spencer said Expedition has reimbursed the county $16,600 of those expenses.
Final ruling on the construction of 17 turbines on Dan's Mountain expected Oct. 16
Before his downfall, Nicastri operated as many as 43 wind and solar energy companies and had 98 properties. At the time of his arrest and asset seizure, in 2013, the BBC quoted the head of the Palermo-based anti-mafia agency, Arturo de Felice, as saying "This [wind energy] is a sector in which money can easily be laundered."
The suit was filed Tuesday and names EDP Renewables, Arkwright Summit Wind Farm LLC, Horizon Wind Energy LLC, Tetra Tec EC Inc., Tetra Tech ES Inc., Tetra Tech Construction Inc., URS Corp., West Inc. Fisher Associates P.E., L.S., L.A. of New York, P.C., Fisher Associates, P.E., L.S., L.A., D.P.C., White Construction of Indiana LLC and any other corporations who may be liable to the plaintiffs. No court date has been set yet, though an answer by the companies is due in either 20 or 30 days depending on how the companies are served paperwork.
Commissioner’s ‘apparent collaboration’ with wind farm opponents an issue in lawsuit
The other contention is that the project developer failed to acquire control of the state-owned site for the wind farm within a PUC deadline. Collins said the developer missed a 120-day deadline because it didn't receive a permit for incidental Hawaiian hoary bat deaths until six months after the PUC approval. "You don't have an incidental take permit, you don't have site control, " he said.
“Buckeye Wind LLC and Champaign Wind LLC have relinquished the Certificates of Environmental Compatibility and Public Need issued for the Buckeye Wind project as construction activities have not commenced as required under the certificates,” according to a statement issued by Viola Baumann of Innogy – the Germany-based parent company of Buckeye Wind.
Proponents of a wind farm project in the south-central part of Marion County received a favorable nod from the district court on its motion to dismiss a civil suit filed in mid-May.
A district judge has dismissed with prejudice a lawsuit seeking to block development of a wind farm in Marion County.
Rick Porter, the attorney for the 15 neighbors, said he had “yet to deal with a 50-page motion to dismiss.” “It seems they're trying to litigate the entire matter in a motion to dismiss,” he said, adding that it was “before we even have a chance to bring in witnesses” in a trial. He said his clients were “citizens hiring an attorney battling a mega-company with an unlimited budget.”
The group, along with a local landowner, sued the county last month to prevent board members Martin DeNaeyer and Tanya Storer from voting on the application. ...But in vacating his initial temporary injunction, State District Court Judge Mark Kozisek rejected the notion that those familial connections constitute a conflict of interest as defined by state law.
Ontario's Environment Minister Jeff Yurek has responded to being named in charges regarding the Ontario Court of Justice determining there are reasonable grounds to believe environmental offenses were committed at several wind turbine projects in Chatham-Kent.
Despite the fact the project was denied, DePasquale began prepping the two properties for the installation of solar arrays anyway. In early June, the Department of Planning & Development issued a cease-and-desist order for DePasquale’s unauthorized solar installation. A week later, on June 10, the town issued a finalized order, requiring that DePasquale remove all pilings and cease all work on the property except for seeding, loaming, and related landscape clean-up activities.
Fifteen Marion County landowners are continuing their fight against Expedition Wind, by asking the court not to grant a motion to dismiss the civil action lawsuit filed in mid-May. The lawsuit, according to the legal document filed July 26, stated that it’s too early to dismiss because the expected findings, which will come from discovery, have yet to be entered before the Eighth Judicial District in Marion County.