Articles filed under Legal

Second lawsuit filed against EDF, county

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.
6 Nov 2019

New judges for wind farm case

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.
24 Oct 2019

Freedom United wins lawsuit over new Town of Freedom wind law

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.
22 Oct 2019

55 protesters arrested as wind farm convoy completes journey to Kahuku

“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.
19 Oct 2019

Kahuku wind farm building while legal and regulatory challenges loom

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. 
19 Oct 2019

Wind farm legal bills mounting

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.
17 Oct 2019

Italy's “Lord of the Wind” gets 9 years for financing mafia

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."
3 Oct 2019

More than 100 residents sue Arkwright project developers; Suit filed over turbines

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.
26 Sep 2019

Kahuku wind farm plan challenged again

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.
12 Sep 2019

Innogy relinquishes state certificates; leases remain

“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.
11 Sep 2019

First ruling in Henry County wind farm case now in judge's hands. He will rule on submitted motion to dismiss

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.”
23 Aug 2019

Judge switches course on conflict of interest case: Board members can vote on Sand Hills wind project

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.
15 Aug 2019

Judge upholds Coventry’s denial of green development project (solar)

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.
8 Aug 2019

Court battle continues for proposed wind farm

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.
7 Aug 2019

http://www.windaction.org/posts?p=5&topic=Legal&type=Article
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