Library filed under Legal from USA

Wrongful death lawsuit filed after man dies from fall at a wind trbine

“The subject matter of the anticipated suit includes gross negligence and various subcategories of negligence.” Sentry is said to have failed to provide a "first aid station, an infirmary, or other medical services for the treatment of injured employees and – in a serious violation of safety protocols – also failed to have a person with first-aid training readily available at the work site to render first aid.”
3 Jun 2021

FSF statement on appeals court ruling in New York wind farm case

Fsf_v_debra_haaland_doi_boem_leases_suit20-5094-20-5094dst_thumb The court ruled that because BOEM doesn't technically commit to anything at the lease stage, it is too early to challenge the siting of the wind farm under the National Environmental Policy Act (NEPA). The decision means that affected parties cannot challenge a lease location under NEPA until BOEM approves a Construction and Operations Plan (COP) for the wind farm. However, that is very late in the process, and changing the lease location at such a late date would be exceedingly difficult.
31 May 2021

AG’s office weighs in on state investigation of Antrim wind turbine complaints

“Antrim Wind appears to argue that, although it is working in good faith to ensure a functioning ADLS, these efforts are essentially gratuitous,” Senior Assistant Attorney General and Chief of the Environmental Protection Bureau Allen Brooks wrote in the analysis. “if this position is accepted, Antrim Wind is under no obligation to ever properly run the ADLS.”
31 May 2021

Biden administration quick to dismantle Trump’s interpretation of the Migratory Bird Treaty Act

On May 7, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule that would revoke the Trump administration’s decision that the Migratory Bird Treaty Act (MBTA) does not apply to the incidental take of protected migratory birds. If finalized, the proposed rule would represent a return to pre-Trump years, when courts disagreed about the scope of the MBTA, and USFWS exercised broad discretion whether to seek civil or criminal penalties against parties whose activities unintentionally harmed or killed migratory birds.
20 May 2021

Dan's Mountain wind project remains on hold

A local couple have remained busy in their effort to derail a plan to construct wind turbines on Dan’s Mountain. Harwood subdivision residents Darlene and William Park, with the support of numerous neighbors, have been engaged in a legal battle against Dan’s Mountain Wind Force LLC. Their efforts have led to the project being stalled as they battle it in two courts.
30 Apr 2021

Judge orders injunction preventing NPPD from ending power contracts with 3 wind farms

According to the lawsuit, NPPD was trying to use Global Investment Partners' 2018 acquisition of the wind farms and other assets from NRG Energy, as well as NRG Energy's 2014 acquisition of the assets from their original owner, as the basis for the contract termination, claiming that they constituted a default under terms of the power purchase agreements.
26 Apr 2021

Sandstone Creek v Benton Township decision

Sandstone_creek_v_benton_township_thumb Sandstone Creek Solar LLC sought to construct a solar energy facility on 850 acres of agriculture land in Benton Township in Eaton County, MIchigan. The township did not have zoning at the time and relied on county zoning for land use regulation. When it became apparent that the County would support approval of the solar project Benton's Trustees adopted an interim zoning ordinance that permitted small-scale solar energy systems in districts zoned for industrial use and permitted large-scale solar energy systems in industrial districts by special use permit. Sandstone Creek and landowner, Gary Walters, filed a suit challenging Benton's actions. In this decision the court upholds the lower court's decision that found the Benton Township acted lawfully. The full decision can be accessed at the document links on this page. 
4 Feb 2021

Judge approves Chapter 11 plan for Tonopah Solar Energy

Judge Karen Owens last week approved a Chapter 11 plan of reorganization by Tonopah Solar Energy, which operated the Crescent Dunes solar plant in Nevada that received $737 million in guaranteed loans from the federal government. ...DOE expected Crescent Dunes to produce up to 482,000 megawatt hours every year, but the plant hasn’t produced that much energy in its lifetime.
18 Dec 2020

Judge approves Chapter 11 plan for Tonopah Solar Energy

Judge Karen Owens last week approved a Chapter 11 plan of reorganization by Tonopah Solar Energy, which operated the Crescent Dunes solar plant in Nevada that received $737 million in guaranteed loans from the federal government. ...DOE expected Crescent Dunes to produce up to 482,000 megawatt hours every year, but the plant hasn’t produced that much energy in its lifetime.
18 Dec 2020

Farmersville Town Board votes 3-2 to appeal Alle-Catt decision

The Farmersville Town Board voted 3-2 Monday to appeal the New York Siting Commission’s approval of the Alle-Catt Wind Farm application. ...Board members also voted 3-2 to revoke a permit for a meteorological tower and to revoke a 2019 road use agreement the town negotiated with the Chicago-based Invenergy, the parent company of Alle-Catt Wind LLC.
14 Oct 2020

Lawsuit filed to halt DeWitt County wind farm

A lawsuit opposing development of an industrial wind complex in northwest DeWitt County has been filed on behalf of 69 constituents against the DeWitt County Board and Enel Energy, owner of Alta Farms II. “This was something we wanted to avoid, but at this point, we have no choice,” said Olivia Klemm, one of the opponents of the wind farm. “We are not done fighting.”
13 Oct 2020

https://www.windaction.org/posts?location=USA&p=3&topic=Legal
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