Articles filed under Legal

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

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

Planning appproval for Co Clare wind farm overturned

In its Supreme Court appeal, the board argued the High Court judgment set a “very high threshold” concerning the reasoning requirements for a planning decision maker when a decision involves either an EIA or an AA. If the High Court findings were upheld, that would have serious consequences for how the board and other planning authorities approach making decisions, it argued.
17 Jul 2018

Fairbank wind turbine owners appeal contempt judgment

District Court Judge John Bauercamper ordered county officials and the wind companies to take steps to demolish the structures, but he put the order on hold while companies appealed his decision, subject to the posting of a $450,000 bond to cover removal costs. ...On June 12, Bauercamper issued his contempt ruling, noting in part the $450,000 bond was never filed. 
13 Jul 2018

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