Library filed under Legal from Europe
The Scottish Government and two key players in the bid to develop huge windfarms in the North Sea have lodged appeals against the Court of Session’s controversial refusal of the projects.
Scottish Ministers and two offshore wind developers will appeal against court rulings that seek to void planning permission for as much as 2.3 gigawatts of new renewable energy capacity.
The challenge is against the board’s decision to grant ESB International permission to build an additional seven turbines at a wind farm development located at Boolynagleragh in Co Clare. Environmentalist Peter Sweetman has begun a High Court challenge against a decision by An Bord Pleanála to grant planning permission for an extension to an existing wind farm.
Scottish ministers and SSE have won an appeal against an earlier ruling that the approval of Stronelairg wind farm in the Highlands was "defective". The John Muir Trust opposed the granting of consent in June 2014.
US presidential candidate said planning conditions associated with Aberdeenshire project had not been satisfied; Donald Trump vowed to lodge formal objections with Marine Scotland over the windfarm development.
A legal challenge from RSPB Scotland to the granting of consent for four major offshore wind farms has been upheld. The bird protection charity had objected to the Scottish Government’s consent for the developments in the Forth and Tay regions.
Scottish government consents for the 784MW Inch Cape, 1GW-plus Seagreen Alpha and Bravo, and 450MW Neart na Gaoithe had been challenged by RSPB Scotland over their potential impact on seabird colonies in the Forth and Tay region. The Court of Session in Edinburgh today upheld the charity’s case, annulling the consents.
Siemens has been ordered to pay compensation of almost 1 million Danish crowns ($150,000) to three people who fell ill after working at a wind turbine factory, a court in the city of Aalborg in Denmark said on Thursday.
“At a time when the UK and many other European countries are turning away from wind and investing in better alternatives that are greener, more secure, cost effective and more employment intensive, we need to do the same.
Potential for growth of wind energy in the state will be decimated by Bavaria's constitutional court backing the ruling that the minimum distance between a wind turbine and the nearest buildings must be ten times the height of the turbine.
The Bavarian Constitutional Court today decided that the controversial 10h minimum distance requirement for wind power plants in Bavaria is in line with the constitution. Pursuant to the so called 10h-regulation (10H-Regelung) contained in the revised Bavarian Building Code, wind power plants have to maintain a minimum distance from residential housing of ten times the total height of the wind power plant.
Green, SPD and CDU, and also the wind power industry described the decision as a "black day not only for wind power, but for the transformation of energy in total." Meanwhile, the Bavarian government feels strengthened in its position. "The decision provides legal certainty," said Minister Ilse Aigner. The law "makes a public welfare an acceptable balance between our energy policy goals and local interests".
Abengoa’s financial woes trace back to Spain’s boom years, when the company began to build such projects for itself, fueled by cheaper bank loans and a desire to expand. The company took on billions of dollars of debt in anticipation of a growth rate that didn’t materialize.
The public interest in ensuring alternative non-carbon based energy sources are brought to the market cannot give this, or any other wind farm, “a licence to breach the planning laws”, he said. There is a public interest in ensuring those laws are adequately enforced and judicial failures to make mandatory orders may “dilute” effective enforcement.
The Supreme Court has agreed to consider a challenge to An Bord Pleanála’s granting of planning permission for a wind farm in Co Tipperary after ruling that the case raises issues of public importance.
In their proceedings, the applicants had sought to quash the board’s granting of a 10-year permission to ESB Wind Development and Coillte to build the wind farm. They claim the permission breaches the EU habitats directive and the EU environment impact assessment directive.
A challenge to a €120 million wind farm in Co Offaly by local residents – who claimed it would affect their mental health, property prices and the habitat of the Whooper swan – has been dismissed by the High Court.
The European Commission lodged the court action in October 2013, saying that large numbers of wind turbines and other developments have been authorised without adequate assessments of their environmental effects in the Kaliakra region, a migratory route and resting place for highly endangered species.
BULGARIA - According to a ruling at the European Court of Justice today, Bulgaria is failing to protect nature and putting threatened species at risk.
The European Court of Justice has ruled against Bulgaria in a case brought by the European Commission against the country over its failure to protect unique habitats and important species in the Kaliakra special protection area at the Black Sea coast, the court announced on January 14 2016. Projects such as wind turbines, a golf course, spa and hotels have been approved and built in the area by Bulgarian authorities, despite the likelihood it would lead to significant disturbance of these protected species. As a result, the court has found Bulgaria to be breaching the EU’s Birds and Habitats Directives. A portion of the ruling is below. The full decision can be accessed by clicking the links on this page.