Articles filed under Legal

Fishing Groups and communities move forward with suit against NY wind farm

BOEM’s failure to consider the impacts to fisheries, safety, navigation and other natural resources in the NY WEA prior to moving forward with the leasing process also violates the Outer Continental Shelf Lands Act (OCSLA), which charges BOEM with considering and providing for existing ocean users. And BOEM’s actions violate the Administrative Procedure Act, which prohibits agencies from acting in ways that are arbitrary, capricious, and contrary to law.
19 Sep 2017

‘High Court will protect us from wind farm invasion’

Pádraic Dolan, of the Meath Wind Information Group, said his organisation was confident that any challenge would be unsuccessful. He told the Irish Daily Mail that the planning board had been unequivocal in its refusal, citing the proximity of the wind farm to a large number of homes, and the landscape’s cultural significance. 
4 Sep 2017

Regulators reject controversial power line

In issuing the order, commission members said in part that the company had failed to prove that it had first obtained all necessary consent from counties along the project’s proposed route for road crossings. The PSC cited a Missouri Western District Court of Appeals decision in a separate, but recent, case pertaining to a proposed transmission line in northeast Missouri with regard to obtaining county-level permission.
17 Aug 2017

Clearview Wind turbines licence revoked

There may not be eight wind turbines spinning in Clearview Township after all. In a decision released Wednesday, the Environmental Review Tribunal revoked the renewable energy approval for the project, saying the danger to human life and safety was too great.
17 Aug 2017

Contractors beware: Robin Rigg ruling has wide-ranging ramifications

"This judgment will come as a shock to many.  The Supreme Court determined that the contractor, MT Højgaard, was under an obligation to ensure that the offshore windfarm's foundations would have a minimum lifetime of 20 years.  This effectively placed on the contractor the consequences of an error in the international standard to which they were working. 
3 Aug 2017

Falmouth neighbors worried celebration premature in fight against wind turbines

Judge Cornelius Moriarty upheld the local zoning board’s finding that two 1.65-megawatt turbines at the town’s wastewater treatment facility were a nuisance, and he ordered them shut down. ...A few days after Moriarty’s June 20 decision, selectmen announced they had to gather more information before deciding what to do next, since the town could be on the hook for dismantling the turbines as well as loans and grants used to buy and install them if the turbines remain offline. The total potential cost to the town was previously estimated at $14 million.
7 Jul 2017

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