Library filed under Legal from UK
The Court of Appeal recently upheld the government’s right to cancel the Climate Change Levy (CCL) exemption for renewable generators. In effect this is a retrospective removal of subsidy entitlement, and should remind investors that even a seemingly secure economic rent will collapse when push comes to shove.
A mountain-top wind farm has been scrapped after a judge ruled the spinning blades could kill rare red kites. ... "There are important unknowns in this case."
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.
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.
Alex Salmond and US presidential candidate in war of words as justices reject Trump's legal challenge over 11-turbine project that will 'spoil the view' from his Scottish golf course
Siemens Public Limited Company (plc) and RWE Innogy UK Limited (RWE) were fined after 27-year-old Colin Sinclair was killed when he came into contact with the unguarded rotating shaft of a gearbox within a turbine at Causeymire windfarm.
The Supreme Court in London will withdraw the ruling in favour of MT Højgaard from 5 November, when it rejected an application from E.ON to allow an appeal against the ruling in an old dispute regarding the Robin Rigg offshore wind farm.
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.
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".
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.
A court ruled in the couples’ favor, confirming the proposed wind farm clearly had the possibility of impacting on both the future value and the buyers’ enjoyment of their new home. The solicitors were found to be negligent in failing to inform their clients about these plans and as a result the buyers received a substantial compensation settlement.
An energy company denied planning permission for two wind turbines at a Norfolk farm because of danger to low flying aircraft has failed in a High Court challenge against the decision.
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.”
The case relates to the Viking Energy wind farm which was approved by ministers in April 2012. ...In October 2013, judge Lady Clark of Calton ruled that the granting of permission was "incompetent", since the plant did not yet have a distribution license from Ofgem.
RWE decided to challenge the decision in the courts, arguing that the ruling was not properly and lawfully reached. But last Friday, the judge ruled against RWE, agreeing with the Department for Communities and Local Government (DCLG) that the decision was fair.
“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."