Articles filed under Legal

Farmersville Town Board votes 3-2 to appeal Alle-Catt decision

The Farmersville Town Board voted 3-2 Monday to appeal the New York Siting Commission’s approval of the Alle-Catt Wind Farm application. ...Board members also voted 3-2 to revoke a permit for a meteorological tower and to revoke a 2019 road use agreement the town negotiated with the Chicago-based Invenergy, the parent company of Alle-Catt Wind LLC.
14 Oct 2020

Lawsuit filed to halt DeWitt County wind farm

A lawsuit opposing development of an industrial wind complex in northwest DeWitt County has been filed on behalf of 69 constituents against the DeWitt County Board and Enel Energy, owner of Alta Farms II. “This was something we wanted to avoid, but at this point, we have no choice,” said Olivia Klemm, one of the opponents of the wind farm. “We are not done fighting.”
13 Oct 2020

Plans for Lake Erie wind farm clear a major hurdle, as ‘poison pill’ restriction is lifted

During a virtual meeting that involved a level of discussion and debate unusual for the Power Siting Board, board members unanimously voted to rescind part of an order they issued last May that approved construction of the wind turbines only if the turbine blades didn’t move at night between March 1 and Nov. 1, on the grounds that they would harm bats and birds.
18 Sep 2020

Supreme Court upholds Council decision; Bald Hills wind farm loses its appeal

Dr Smith’s conclusion was: It is clear from the investigation that noise from the wind farm is audible within residences although there are noise monitoring reports stating that there is compliance by the wind farm with permit conditions and the New Zealand Standard 1998, and with a noise mitigation strategy in place at the wind farm. The noise was clearly audible in Mr Zakula’s dwelling at night time twice and in the Jelbart residence at night time twice and this is held to be unreasonable in both cases. 
27 Aug 2020

Larger offshore wind turbines approved off Ocean City. Here's what you need to know

“Skipjack’s duty to reach out to stakeholders was not contingent on the stakeholders’ enthusiasm for the project,” according to the ruling. “Ocean City is an important stakeholder whose economy is vital to the state. Nor should Ocean City be punished for its lawful advocacy of a bill that would have required offshore wind turbines to be located at least 26 miles from shore.” As a result, the Public Service Commission ordered Ørsted to engage with its stakeholders more, including Ocean City, and provide updates every six months on the company's efforts. 
21 Aug 2020

Cassadaga Wind facing $70 million lawsuit

A recent complaint filed with the U.S. District Court Southern District of New York by Trireme Energy Holdings alleges that Innogy, former parent company of Cassadaga Wind, LLC, intentionally delayed construction on the project, which was scheduled to be operational by Dec. 31, 2020, in order to avoid making a milestone payment in the amount of $69.7 million.
15 Aug 2020

Objector to wind-farm development brings legal challenge

The board has yet to decide whether or not to grant permission and the case is over its decision to categorise it as a strategic infrastructural development. The challenge is by Paddy Massey, chairman of a local residents group that opposes the proposed development involving a total of 17 turbines on the two sites.
25 Jul 2020

Federal judge allows Elm Springs windfarm fraud case to proceed

A federal judge refused Thursday to dismiss criminal charges against two men accused of scamming investors in a proposed wind farm project at Elm Springs. Jody Douglas Davis and Phillip Vincent Ridings are charged with multiple counts of wire fraud, aiding and abetting wire fraud, money laundering and aiding and abetting money laundering. Both men have entered not guilty pleas. They will be tried together, and the trial is set for Sept. 20 in Fayetteville.
10 Jul 2020

Lawsuit filed over Campo Wind project

“The project is a dangerous and completely unnecessary industrialization of high-quality wildlife habitat in an area with an extremely high wildfire risk and frequent low-flying military, commercial and private aircraft,” states the suit filed by the nonprofit Backcountry Against Dumps along with Boulevard residents Donna and Ed Tisdale, whose ranch adjoins the project site with a half-mile shared border.
9 Jul 2020

Icebreaker developer appeals ruling after project approval

The developer of the US’ first freshwater wind farm in the Great Lakes has appealed against over-restrictive operating restrictions on the approval it received last month. After a long permitting journey to satisfy 14 federal, state and local agencies, the 20.7MW Icebreaker in Lake Erie was unanimously approved by the Ohio Power Siting Board (OPSB) in May.
24 Jun 2020

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