Library filed under Legal

Owners of former U.S. Coast Guard lighthouse on Galloo Island file petition over easement dispute

A petition to suspend, adjourn or dismiss the Article 10 review of the Galloo Island Wind project has been filed with the state Board on Electric Generation Siting and the Environment. Cara and Anthony Dibnah, who in 2000 purchased the former U.S. Coast Guard lighthouse on the island, are seeking relief from the board because of an ongoing easement dispute with the owner of the largest part of the island, Galloo Island Corp.
14 Oct 2018

Fairbank wind towers fight removal deadline

Bauercamper found the wind companies in contempt of court earlier this year and ordered the turbines to cease energy production by July 2 and be removed at the turbine developers’ cost by Dec. 9. The turbines have stopped spinning.
5 Oct 2018

Yarmouth shellfishermen to participate in offshore wind cable hearings

The proximity of the men’s grant areas means their oysters, which total about 3,250,000, could be smothered by sand and silt that’s stirred up when Vineyard Wind lays the cable, the letter contends. Although Vineyard Wind officials have met with the shellfishermen multiple times and proposed solutions that include installing silt curtains while work is conducted, there’s no evidence those solutions will work, according to the letter.
2 Oct 2018

Building Commissioner says Wind 2 not abandoned

In his response, Mr. Palmer said this regulation does not apply to Wind 2 because of when it was installed. The letter indicates Wind 2 was issued a permit and became operational in February 2012. “The building permit and the date of initial operation are both beyond the six year enforcement provision of G.L. c. 40A, s. 7 for structures erected in reliance upon a building permit,” Mr. Palmer wrote.
22 Sep 2018

Florida Based Energy Company Violates New Law

Ok-agletter-nextera-violation_thumb The actions of a Florida-based energy company are proving to be a test case for a new law intended to protect what many believe is Oklahoma's most valuable military asset -- air space. A News 9 investigation reveals the company, NextEra Energy, is putting up new wind turbines without the needed federal approval, in violation of a recently approved state law.
31 Aug 2018

West Fork Wind hearing is delayed

On Aug. 16, West Fork and the Consumer Counselor office jointly asked the IURC to delay the hearing again, until April 30, 2019. West Fork said it will not have all of the requested data until after the end of this year.
22 Aug 2018

The problem with wind energy ordinances

Ordinances governing wind energy systems, which are to be developed within a county, have a wide ranging effect on the local geography and economy.  Local participation in ordinance drafting is a great advantage of county lawmaking.  This leaves an opportunity for county commissioners to make the public, its local residents, “partners” in this lawmaking.  There should be little uncertainty in ordinance language, it should be transparent, and the end product should favor open public participation in wind farm applications.
20 Aug 2018

Wind farm killed by new government following legal battle

“It is a clear example of sovereign risk. It is certainly not unique, but it is a reminder of how the government can pass legislation that deprives a party of contractual rights or remedies,” says O’Neill. “You are not dealing with a private counter-party. You are dealing with an entity that has statute-making power.” 
13 Aug 2018

National Defense paid twice for Oaxaca wind farm

Late last month, Sedena sought to initiate legal action against Tradeco to secure 595 million pesos (US $30.9 million) in compensation for failing to comply with the contract it signed and a 374-million-peso (US $19.4-million) payment because no energy was produced at the base between March 2014, when the project was supposed to be completed, and June 2018.
13 Aug 2018

Oral Arguments: In re Application of Black Fork Wind Energy LLC, Case no. 2017-0412

This important legal challenge of the Ohio Power Siting Board decision tests whether the Board ignored state law and the conditions of its own certificate approving construction of the Black Fork wind energy facility when it granted a requested extension of the permit. A detailed description of the case is provided below and at the link appearing on this page. Oral arguments were heard on August 1, 2018 and can be watched at this link. Black Fork is proposed as a 91-turbine facility with a maximum capacity of 200 megawatts. The permit was initially issued in 2012.
1 Aug 2018

Judge reverses zoning board’s OK of solar farm in Portsmouth

Judge Brian Van Couyghen reversed the board’s approval of a special-use permit for the 2.9-megawatt solar photovoltaic farm on 8 acres finding that it represented a manufacturing use that is not allowed in residential zones. Van Couyghen cited a previous case in which the state Supreme Court found that wind turbines represented a manufacturer because they are used for the sole purpose of transforming raw materials, “namely wind — into a finished product — namely electricity.”
31 Jul 2018

http://www.windaction.org/posts?topic=Legal
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