Library filed under Legal from USA

Iberdrola - Tule Wind construction suspension order

Blm-tulewind-tempconstructionsuspension_thumb The attached communications between the Bureau of Land Management (BLM) and Iberdrola/Tule Wind detail the BLM's notice to suspend construction of the 186 MW wind project due to repeated violations of the right-of-way permit issued by the BLM. The Tule facility initiated construction on December 6, 2016. The notice to stop construction was issued on January 20, 2017. Construction has now resumed. Both the notice to suspend construction and to resume construction, which includes Iberdrola's response to the BLM, can be accessed by selecting the document links on this page, A portion of BLM's notice is provided below. 
13 Feb 2017

Court order: DOE failed to consider environmental impacts on Mexico

Esj_court_ruling_for_bad_27s_msj_1-30-17_thumb This important decision by the U.S. District Court of the Southern District in California found that the Department of Energy failed to follow NEPA when it issued a permit to construct a transmission line that crossed over from Mexico into the United States. The Court order that since the U.S. portion of the Line and the Mexican portion of the Line were literally "two links of a single chain" connecting the Substation to the ESJ Wind Farm, the DOE was required to consider the impacts of the project on Mexico. Portions of the decision are shown below. The full report can be accessed by clicking the document link on this page.
30 Jan 2017

Court order: DOE failed to consider environmental impacts on Mexico

Esj_court_ruling_for_bad_27s_msj_1-30-17_thumb This important decision by the U.S. District Court of the Southern District in California found that the Department of Energy failed to follow NEPA when it issued a permit to construct a transmission line that crossed over from Mexico into the United States. The Court order that since the U.S. portion of the Line and the Mexican portion of the Line were literally "two links of a single chain" connecting the Substation to the ESJ Wind Farm, the DOE was required to consider the impacts of the project on Mexico. Portions of the decision are shown below. The full report can be accessed by clicking the document link on this page.
30 Jan 2017

Zoning lapse allows 'illegal' wind farm

Attorneys for Mason Wind and Optimum Renewables turned to the state’s high court this month after a district court judge deemed three turbines in a farm field just east of Fairbank are “illegal and void” and must be removed.
29 Jan 2017

Dan's Mountain Wind Force Certificate: DENIED

Dans_mountain_order-maryland_thumb On January 14, 2016, Dan's Mountain Wind Force LLC filed an application for Certificate of Public Convenience and Necessity (CPCN) with the Maryland PSC to construct a 59.9 megawatt wind energy facility in Allegany County Maryland. The application to the PSC came after the company could not obtain a permit though the County's permitting process and after they asked for and received an exemption from the state for a CPCN back in 2008. Dan's Mountain returned to the PSC in an effort to go around the County's denials. Following an adjudicative hearing, this order was issued by the PSC denying the project. The Findings and Conclusions by Terry J. Romine, the Chief Public Utility Law Judge for the Maryland PSC, can be found below. The full order can be accessed by clicking the document icon on this page. 
25 Jan 2017

Apex Mills Branch Solar Denied Permit: DECISION

Kent-county-apex-solar-denied-decision_thumb Public Utility Law Judge Dennis H. Sober of the Maryland Public Service Commission, has denied a permit for Apex Clean Energy, Inc to construct the Mills Branch Solar project proposed for Kent County Maryland. The project was expected to have a nameplate capacity of 60 MW spread across 330 acres of Maryland farmland. The project was opposed by the Kent County board of Commissioners and residents in the area. Apex previously tried to site a wind energy facility in the same area on 5,000 acres but opposition to the turbines forced the company to change from wind to solar. A portion of Judge Sober's decision is provided below. The full decision can be accessed by clicking the document icon on this page.
11 Jan 2017

Petition: Revoke wind permit

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.
25 Dec 2016

Apex appeals Perquimans' decision to deny permit

“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.”
22 Dec 2016

Carbon County wind farm fight has gotten too ugly, developer tells court

The zoners' solicitor, Matthew Rapa, said the township has no problem with moving the hearing to the courthouse, but he asked the judge to leave the decision on the special exception to the Zoning Hearing Board. He argued that Pennsylvania's Municipal Planning Code gives the zoners "exclusive jurisdiction" to "render final adjudication" in matters of special exceptions.
21 Dec 2016

New wind generators a no-go in the U.P.

Attempts by Heritage Sustainable Energy to build a second wind farm in Michigan’s Upper Peninsula have stalled because the company skipped essential paperwork. That’s why the state Court of Appeals refused to clear the way for the Traverse City-based company to build a controversial 42-turbine wind farm in Schoolcraft County’s Inwood Township. Heritage intended to start with 18 turbines and work up to 42.
15 Dec 2016

Fishermen hit feds with lawsuit over wind lease sale

The filing alleges that the leasing process for BOEM did not adequately consider the impact the proposed New York Wind Energy Area would have on the region’s fishermen. According to the FSF, the site is in the waters of the New York Bight on vital, documented scallop and squid fishing grounds, which serve as essential fish habitat and grounds for other commercially important species, including black sea bass and summer flounder.
9 Dec 2016

Fishermen hit feds with lawsuit over wind lease sale

The filing alleges that the leasing process for BOEM did not adequately consider the impact the proposed New York Wind Energy Area would have on the region’s fishermen. According to the FSF, the site is in the waters of the New York Bight on vital, documented scallop and squid fishing grounds, which serve as essential fish habitat and grounds for other commercially important species, including black sea bass and summer flounder.
9 Dec 2016

Energy firm must pay for farm’s unused wind power

The parties’ contract anticipated who is liable when transmission facilities are not available. “Duke is to pay for power not taken,” Easterbrook wrote. “Duke could build its own transmission lines or buy extra capacity from NIPSCO [a grid owner] or some other firm.”
8 Dec 2016

https://www.windaction.org/posts?location=USA&p=19&topic=Legal
back to top