Articles filed under Legal from USA
A U.S. Appeals Court ruling provided mixed results for a proposed wind farm in Champaign County. ...The court ruled that the federal agency used the correct standard to show Everpower minimized the impact but failed to consider other alternatives that would have led to fewer bats killed.
The town will begin talks with neighbors of two municipal wind turbines in an attempt to find a solution to the nine lawsuits pending in various courts over the operation of the machines.
Members of the Ellington Township Board of Trustees took no action Tuesday night when several residents, along with a lawyer, urged them to toughen a township zoning ordinance regarding wind turbines – or face a lawsuit.
“(Atlantic Wind) did not point to any deadlines they will miss and inadequately explained how or if the delay prevents them from taking any further steps along the regulatory path,” Judge McClusky wrote. “In addition, both sides acknowledge that wind testing has been going on for several years from preexisting Met Towers associated with an earlier proposed (wind project), and the Court is not aware as to how these new measurements effect the process.”
The PSC decision defies St. Croix County Circuit Court Judge Vlack’s August 2015 Order and Decision. Judge Vlack’s ruling specifically stated that the Commission must explain why six sensitive residences were identified and selected for lower noise limits and not an additional eleven residences.
Cape Wind’s long-running quest to establish a wind farm on the Nantucket Sound hit another hitch Tuesday as a three-judge federal Appeals Court panel reversed lower court decisions that had found regulators complied with environmental and endangered species laws in permitting the project.
Built in 2009, Minonk Wind Farm did not provide the county with an updated decommissioning report until this year. Last year, the county hired an independent engineering company to create an updated report, which the wind farm initially agreed to pay for. The company later changed its mind and provided a simplified report of its own.
Wind energy developer David Blittersdorf is intensifying his fight to avoid being found in violation of state regulations and being penalized for having a wind test tower without a permit on his Kidder Hill property. ...This week, the Irasburg select board rejected an undisclosed offer by Blittersdorf that if accepted would have taken the town out of the hearings over the alleged violation.
As a result, the lawsuit alleges, the Haleys' farm was "subject to large amounts of debris and soil infiltration, degrading the effectiveness of the soil on much of the 160 acres."
BURLINGTON – A series of lawsuits involving contractors who haven’t been paid for their services in constructing the Waverly Wind Farm have been continued to Thursday of this week in Coffey County District Court, and are being watched closely by people on both sides of the brewing debate over a wind farm project in eastern Anderson County.
Brouha’s case involves his argument that Condition 8 of the CPG has been violated “…because indoor sound levels measured at Mr. Brouha’s residence exceeded the 30 dBA criterion…based on testing conducted by his expert, Noise Pollution Clearinghouse, and, according to Mr. Brouha, confirmed by the Department’s (Department of Public Service) expert.”
Today Wind 1 sits idle in the Cape Cod breeze. Wind 2 continues to operate under court imposed restrictions, but it faces the same legal challenges that put Wind 1 out of business. The town’s cost to decommission or relocate the turbines would be exorbitant. In hindsight, Falmouth should never have placed giant wind turbines so close to homes.
The group of county landowners, who reside in those townships, are challenging the decommissioning agreement between Whitewater Wind LLC and the county commissioners based on their claims that the agreement did not adhere to the county’s zoning ordinance, specifically regarding financial assurance related to the decommissioning and removal of commercial wind turbines once they’ve reached their lifespan of roughly 30 years.
Following the ruling by Decatur County Judge Bailey which supported Rush County BZA’s decision on the setbacks of wind turbine distance from non-participating landowners, APEX Clean Energy/Flatrock Wind Project had 30 days to file an appeal of that decision and last week they did just that.
With Consumers’ new petitions, the assessed tax value of “most, if not all” wind turbines in Tuscola County are being contested by the wind energy companies, said Mike Hoagland, controller, Tuscola County. “We’re frustrated,” said Hoagland. “If we lose the dispute, we have to have the money set aside to pay it back.
Fayette Circuit Judge Beth A. Butsch, who had been presiding in the court case involving Fayette County Commissioners, Whitewater Wind LLC – aka NextEra Energy Resources – and the group of 34 county landowners challenging the legitimacy of the county’s wind turbine decommissioning agreement with NextEra, recused herself this week from the case.
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 appeals panel agreed that practical effect of the state's prohibitions would have prevented out-of-state utilities from adding coal-power capacity to the regional power grid without approval from Minnesota regulators. Minnesota can't do that without approval from Congress.
A judge with the Maryland Public Service Commission denied a motion by Allegany County on Tuesday that sought to dismiss an ongoing effort by Dan's Mountain Wind Force LLC to secure PSC support to build a wind farm on Dan's Mountain.
The North Kingstown company that wants to build a towering wind turbine on Old Smithfield Road has filed suit in Superior Court against the Town Council, saying officials unlawfully imposed a moratorium on such structures after its application was already in play.