Articles filed under Legal from USA

A Win for the Indiana Bat: D.C. Circuit Court of Appeals requires analysis of greater protections for endangered species impacted by wind energy development

CLC and Union Neighbors challenged the agency's refusal to consider the higher cut-in speed proposal. The Circuit Court ruled in favor of CLC, stating that "[FWS] failed to comply with its NEPA obligations when it failed to consider an economically feasible alternative that would take fewer bats than Buckeye’s proposal."
8 Aug 2016

A Win for the Indiana Bat: D.C. Circuit Court of Appeals requires analysis of greater protections for endangered species impacted by wind energy development

CLC and Union Neighbors challenged the agency's refusal to consider the higher cut-in speed proposal. The Circuit Court ruled in favor of CLC, stating that "[FWS] failed to comply with its NEPA obligations when it failed to consider an economically feasible alternative that would take fewer bats than Buckeye’s proposal."
8 Aug 2016

Ruling reversed and affirmed in wind appeal

“We conclude the (wildlife) service failed to comply with its NEPA obligations when it failed to consider an economically feasible alternative that would take fewer bats than Buckeye’s proposal, and we reverse the district court on that point,” [Circuit Judge Robert L.] Wilkins stated. 
8 Aug 2016

Judge: Clayton’s moratorium on meteorological towers stands for now

“(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.”
15 Jul 2016

Woodford threatens legal action in wind farm dispute

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.
3 Jul 2016

Irasburg Wind: Test tower violation case intensifies

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.
2 Jul 2016

Locals eye Waverly wind farm lawsuits

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.
28 Jun 2016

PSB Denies Motion from Sutton Homeowner in Sheffield Wind Complaint

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.”
27 Jun 2016

A FIASCO IN FALMOUTH: Turbine projects marred by litigation

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.
26 Jun 2016

Wind company responds to suit; Special judge named in case

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.
26 Jun 2016

Appeal of judge decision filed by Flat Rock Wind

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.
25 Jun 2016

Consumers Energy taking Tuscola Co. to court over wind turbine taxes

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.
18 Jun 2016

https://www.windaction.org/posts?location=USA&p=19&topic=Legal&type=Article
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