Library filed under Legal from North Carolina
A Chowan County couple opposed to Apex Clean Energy’s proposed Timbermill wind turbine project in the county have filed a petition in Superior Court asking that the firm’s conditional use permit for the project be revoked.
“We are disappointed that Apex cannot accept the decision of our county commissioners on behalf of the residents of Perquimans County,” Winslow said. “In an abundance of caution and in order to preserve additional and alternative grounds for denying the permit, we will be filing a cross petition later today.”
In a 3-2 vote, the Perquimans County Board denied an application by Apex Clean Energy to erect the Timbermill wind energy facility. Timbermill, if approved, would have sited 57 turbines, each standing 599-feet tall. The order detailing the decision can be accessed by selecting the document icon on this page. The Conclusion of the order provided below.
Judge dismissed a legal challenge to the project on Wednesday. A Perquimans County couple had argued the project should be subject to additional reviews. Now under construction, the 104-turbine wind farm will be the largest in the Southeast.
The DEQ initially determined Iberdrola needed to go through the state permitting process for the altered project, issuing a letter to Iberdrola to that effect in March 2013. It reversed that decision in the following month, announcing the project would be grandfathered in.
On Friday, the NCUC issued an order stating "there is no provision in the Public Utilities Act that expressly authorizes the Commission to allow third-party sales of Commission-regulated electric utility services to the public for compensation."
Pasquotank County couple say the 104-turbine project is subject to a regulatory review; Wind farm backers say NC’s 2013 wind farm law exempted Amazon energy project
According to insiders, the decision came after Iberdrola Renewables met with county officials in a session off-limits to the general public. These same sources confirm that a majority of the board ignored the recommendations of County Attorney Mike Cox, and County Manager Rodney Bunch, that Pasquotank County should remain neutral.
Administrative Law Judge Melissa Owens Lassiter on Monday denied a request to dismiss the lawsuit filed by two residents of Perquimans County, where the 104-turbine energy project is several months into construction.
In September, 2015 the Civitas Institute Center for Law and Freedom (CLF) filed suit against the NC Department of Environmental Quality (DEQ) on behalf of a Perquimans County couple. At issue is whether DEQ broke the law when it informed Iberdrola Renewables that its Amazon Wind Farm East would not be subjected to state regulatory standards. Soon after the filing, the Attorney General filed a motion to dismiss and supporting memoranda, to which CLF responded on November 19.
Jillanne Gigi Badawi and her husband Stephen Owens, residents of Perquimans County, are asking the N.C. Office of Administrative Hearings to force state regulators to subject the Amazon wind project to a new regulatory review. ...The couple lives less than a mile from the site of the nearest turbine and is worried about property values, esthetics, noise and potential risk to bats and birds.