Library filed under Legal from USA

Administrative law judge says PUC should reject Freeborn County wind project

​In a rare move, a state judge has recommended that a proposed southern Minnesota wind farm — Freeborn Wind — be denied an operating permit, saying the project has failed to show it can meet state noise standards. Meanwhile, the owner of Bent Tree Wind Farm, which is also in Freeborn County, recently agreed to buy the homes of two families who have long complained about excessive noise.
18 May 2018

Freeborn Wind LLC Order Denying Permit

Freeborn-wind-order20185-143018-01_thumb Freeborn Wind proposed to construct an up to 84 MW wind energy facility and associated facilities in Freeborn County, Minnesota. The Project is part of an up to 200 MW wind project in Freeborn County, Minnesota, and Worth County, Iowa. In this final order of recommendation, the Administrative Law Judge concluded that Freeborn Wind failed to demonstrate that the proposed Project will meet the requirements of Minn. R. 7030.0040, the applicable Minnesota Noise Standards. Portions of the order are provided below. The full order can be accessed by clicking the document links on this page.
14 May 2018

Wind farm seeks out of state regulation

The company planning to build a wind farm in part of Fayette County is asking the state not to regulate it as an electric utility. Since 2006, at least eight other wind farms have received the treatment as West Fork Wind wants.
27 Mar 2018

Tenth Circuit takes expansive view of the definition of the term “mining,” holding wind farm project needs permit prior to commencement of excavation in tribal mineral estate

Osage_wind_llc_v_osage_minerals_council15-5121_thumb United States of America v. Osage Wind, LLC et al., 871 F.3d 1078 2017 WL 4109940 (10th Cir. Sept. 18, 2017). Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court for the Northern District of Oklahoma’s grant of summary judgment and determined that the defendants’ large-scale excavation project, involving site modification and the use of excavated rock and soil in the installation of wind turbines, constituted “mining” under federal regulations addressing mineral development on Native American land. Id. at *1. This decision creates new obligations for developers, which could result in delay and additional costs.
1 Mar 2018

Tenth Circuit takes expansive view of the definition of the term “mining,” holding wind farm project needs permit prior to commencement of excavation in tribal mineral estate

Osage_wind_llc_v_osage_minerals_council15-5121_thumb United States of America v. Osage Wind, LLC et al., 871 F.3d 1078 2017 WL 4109940 (10th Cir. Sept. 18, 2017). Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court for the Northern District of Oklahoma’s grant of summary judgment and determined that the defendants’ large-scale excavation project, involving site modification and the use of excavated rock and soil in the installation of wind turbines, constituted “mining” under federal regulations addressing mineral development on Native American land. Id. at *1. This decision creates new obligations for developers, which could result in delay and additional costs.
1 Mar 2018

Miami Co. faces lawsuit over wind farm ordinance

The county wind-farm statute requires a minimum setback of 1,000 feet from residential properties and bars property owners from building a residential structure within the setback area. That means even landowners who aren’t participating in the project could not build a residential building, or add onto their current home, if it’s within 1,000 feet of a wind turbine.
8 Feb 2018

Iowa Utilities Board issues ruling

They are asking that the Court set aside the declaratory order issued by the Respondent (Iowa Utilities Board) on Feb. 2, and that the Court declare that a facility as defined in Iowa Code 476A.1(5), with regard to wind energy projects, is the entire project that is being developed as one project, and for such other and further relief as the Court deems appropriate.
8 Feb 2018

Wind turbine blades falling off Addison’s water tower result in $1 million flop, crazy lawsuit

The turbines ran for three months before one blade fell to the ground 190 feet below. Then a second blade crashed through a nearby storage building's roof, falling into a conference room. No one was hurt. The city asked the builders to remove the contraption and rebuild it. That happened. Then another blade came loose. 
1 Feb 2018

https://www.windaction.org/posts?location=USA&p=12&topic=Legal
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