Library filed under Legal from Europe

Nordex Told Assets It's to Buy From Acciona Targeted in Lawsuit

Inneo Torres claims that Acciona breached contracts the two had and stole intellectual property relating to how to make towers for wind turbines, according to a copy of the lawsuit. While Acciona acquired some patents relating to towers when it bought a unit of Inneo, it chose not to exercise an option that would have given it ownership of all of the technology, the complaint says.
17 Nov 2015

Navitus Bay plans scrapped

Navitus Bay project director Stuart Grant said today: "After careful consideration, Navitus Bay has chosen not to challenge the decision by the Secretary of State to refuse consent for the proposed wind park.
19 Oct 2015

French farmer sues wind energy company for making his cows sick; Demands hefty compensation

Christiane Nansot, an agricultural expert, who endorsed the farmer’s grievance confirmed that the drop in milk production was caused by the 24 turbines installed by the company, next to the family farm in Le Boisle district, near Abbeville in  Northern France. “The geologist said that a geographical fault in the underlying rock could be leading to amplification in waves emanating from the turbines,” she  said.
23 Sep 2015

Locals facing eviction after losing windfarm appeal

Edward ‘Ned’ Buckley had agreed to a single turbine being erected on adjacent land as part of an overall €30m development of 22 wind turbines by Kilkenny–based Ecopower Developments Ltd. However, he was shocked to discover a subsequent planning application sought provision for a 75m road across his land. ...Mr Buckley conceded that he had signed a document facilitating access but said he later withdrew consent before any decision had been made.
23 Sep 2015

High Court dismisses wind turbine challenge, but variable height condition unlawful

John_hunter-judicialreview_thumb The Court rejected a judicial review of the planning consent granted  for a 67 metre wind turbine to be built in Carmarthenshire, south west Wales, brought by local residents. However, it was concerned that one of the planning conditions attached to the planning permission "would permit variations in height so that the scale and impact of the turbine would be different from that for which permission was granted".
19 Aug 2015

FACT: Wind turbines make you sick.

In May 2013 the Supreme Court of Justice of Portugal decided that the remaining 3 turbines had to be removed from the vicinity of Mr. R’s property. The lower court had ordered the removal of the closest turbine but allowed the other three to stay, hence the appeal to the Supreme Court. The developer is apparently appealing the decision to the European Court. ...A bittersweet victory given that Mr R’s health is ruined and the family’s way of life destroyed. Money cannot fix that sort of damage. From a legal point of view what is important is that the courts, including the Supreme Court, accepted the expert evidence of the authors of this paper concerning the terrible toll that infrasound and low-frequency noise has on both humans and animals, whilst it rejected the opposing evidence led by the wind industry lawyers.
23 Jul 2015

Wind farm objectors given leave to lodge appeal

At the Commercial Court yesterday, Mr Justice Robert Haughton said People Over Wind had raised a number of grounds of appeal of exceptional importance which it was desirable, in the public interest, for the Court of Appeal to determine. The appeal should be expedited, he added.
20 Jun 2015

Judge rejects 'bias' claim over minister's wind farm refusal

Broadview Energy had asked the High Court to overturn the refusal of consent for the proposed wind farm between the villages of Helmdon and Greatworth and order a reconsideration of its application. But today Mr Justice Cranston rejected the company’s claim that the minister who turned down the plan was guilty of bias.
19 Jun 2015

View from Dylan Thomas's home saved after turbine plans thrown out

Laugharne community council’s clerk, Chris Delaney, said the town was “absolutely elated”. He said: “It was an appalling decision which would have impacted on probably one of the most iconic views in west Wales. It is a place of international renown. Hundreds of thousands of people come here because of Dylan Thomas and right in the middle of it they were going to put a huge turbine.”
19 Feb 2015

Berwick wind turbine approval quashed for a third time

“I personally will not see the turbine, nor be affected by its noise from where I live, 4km away. However, lots of people will see it, and no doubt be annoyed by it, and will probably see the value of their hard earned homes fall as a result, with no chance of compensation." 
11 Nov 2014

Turbine denied (Joicey V Northumberland County Council)

Joiceyr_v_northumberland_county_council_2014_ewhc_3657_thumb In this case, the claimant, Andrew Joicey, argued six grounds for overturning the planning approval of a 100kilowatt wind turbine. Primary among the complaints was that the planning council did not provide public access to the turbine noise assessment report until a day before the hearing where approval was granted. Complaints were also issued over whether the council properly considered the cumulative impact of noise from a neighboring wind project. The count agreed with Mr. Joicey and overturned the approval. This is the third time the court overturned a planning decision approving this turbine. The decision can be accessed by clicking the links on this page. The introduction of the decision is provided below. 
11 Nov 2014
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