Articles filed under Legal
A federal judge recently dealt a blow to big wind development in a Tuscola County township. A subsidiary of NextEra Energy Resources sued Almer Township in U.S. District Court in February alleging that the township's Board of Trustees had systematically tried to prevent the development of a wind farm.
The go-ahead comes following a decision by the Supreme Court in London to reject the Royal Society for the Protection of Birds (RSPB) in Scotland’s application for leave to appeal in its long-running challenge to a planning decision made by Scottish Ministers in 2014.
Last week, The Green Center and a dozen citizens filed the motion asking to be allowed to intervene, even though the trial is over and a ruling has already been issued. In documents, they argue taxpayer interests had not been adequately protected by the town.
Big Blue River Wind Farm, LLC has volleyed the ball back to Henry County residents who claim there is no legal right for wind turbines to be set up around these parts.
The motion argues that no evidence was presented during or after the trial regarding potential remedies available to mitigate the noise from the turbines. In addition, it states that no consideration was given to the “enormous costs associated with ceasing operation of the turbines.”
The King’s Highway issue has been raised in a legal case that is a shining example of the problems between developers and opponents of wind farms, writes Michael Clifford. Who owns the King’s Highway? The question might appear redundant in this Republic, but it is the latest to be asked in the perennial struggle around wind farms in rural Ireland.
In a unanimous decision issued in mid-September, a three-judge panel reversed and remanded a September 2015 summary judgment from the Northern District Court of Oklahoma that allowed Osage Wind to conduct excavation work in order to set up 84 wind turbines across 8,400 acres without a mining permit from the Bureau of Indian Affairs or approval from the Osage Minerals Council.
Ontario’s already lost a related case on very different legal grounds. Last year an international tribunal agreed the government violated the North American Free Trade Agreement with its moratorium on wind farms, which killed a project next to the one Trillium was working on run by an American-backed company. The people of Ontario are out $28 million in damages and legal costs for that.
Editor's note: Windaction has been informed by parties in Michigan that this mediation step was ordered and completed more than a month before this article was filed by the Associated Press. No agreement was reached in mediation. Almer Township contends that a permit was denied due to NextEra's failure to meet the requirements in law. A hearing before the court was held in September and the parties are awaiting a final decision by the judge.
Franklin Circuit Court II Judge Clay Kellerman was selected last week as special judge in the civil case involving West Fork Wind LLC and the Rush County Board of Zoning Appeals, in which West Fork Wind – better known as NextEra Energy Resources – is challenging the Rush County BZA’s decision on their special exception permit applications back in December 2016.
INDIANAPOLIS — Indiana should not regulate statewide zoning requirements for wind turbine development, those in the industry said Thursday, despite requests from Hoosiers who favor state controls to assure consistency.
German wind developer Wpd has filed a complaint to Germany’s constitutional court against the Wind Energy at Sea Act (WindSeeG) after its far-offshore project Kaikas in the North Sea was excluded from future offshore wind tenders without compensation to the developer.
The court said it was setting aside An Bord Pleanala’s decision on grounds including that irrelevant considerations were taken into account by the planning authority when it turned an application by Element Power Ireland Ltd to develop the project.
Commission lawyer Kristin Edwards said the docket is a matter of "first impression" for wind farms regarding such requirements as setback distances and noise levels. She said it could set precedent for future wind permits anywhere in South Dakota.
The Denver Federal Appeals court, in a unanimous decision overturned a lower court ruling and said Enel Green, the owner of Osage Wind, had to obtain a mining permit in the construction of its wind farm in western Osage County, land controlled by the Osage Nation.
In December, the county commissioner overturned a recommendation by the Sumner County Planning Commission to deny a permit. The commission denied the permit by a 5-3 vote two weeks earlier ...However, Mott cited in a 20-page ruling issued on Sept. 21, that the Commissioners lacked the jurisdiction to approve such a permit and overturn the Planning Commision.
An attorney for a group of landowners who didn't want the wind farm says he learned of the judge's ruling late Thursday. He explains the District Court judge ruled the paperwork for the wind farm was improperly copied from a similar proposal developed last year.
SolarCity will pay $29.5 million to settle a long-running investigation into allegations it violated federal law by submitting inflated claims to the government through a popular stimulus program set up during the Obama administration, the U.S. Justice Department said Friday.
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.
As of this writing, local wind turbine projects seem to have run their course with local decision-makers. A lawsuit is still working its way through the system to clarify whether or not those boards ever had authority to give a green light to the power producers in the first place.