Articles filed under Legal from USA

Icebreaker developer appeals ruling after project approval

The developer of the US’ first freshwater wind farm in the Great Lakes has appealed against over-restrictive operating restrictions on the approval it received last month. After a long permitting journey to satisfy 14 federal, state and local agencies, the 20.7MW Icebreaker in Lake Erie was unanimously approved by the Ohio Power Siting Board (OPSB) in May.
24 Jun 2020

Icebreaker Wind appeals OPSB’s ruling

The Lake Erie Energy Development Corp. (LEEDCo) has asked the board to reconsider its decision so that the plans to build and operate the six-turbine demonstration project eight miles off Cleveland’s shoreline can move forward.
23 Jun 2020

Nebraska Public Power District says R-Project route won’t change after federal judge vacates permit

The Denver judge said Fish and Wildlife’s order granting the permit didn’t review possible routes to avoid O’Fallon’s Bluff, despite saying in its final environmental impact statement that running electrical lines over it would have “a long-term, high-intensity indirect (visual, auditory and atmospheric) effect.” Thousands of wagons on the Oregon-California Trail crossed the bluff from 1843 to 1866, cutting deep dips that remain today. It parallels Interstate 80 to the south between Sutherland and Hershey.
19 Jun 2020

Judge rules on issue in Pretty Prairie Wind lawsuit

A Reno County judge recently ruled on a key element in a lawsuit filed by NextEra Energy over the denial of a permit for its proposed wind farm in the southeast quadrant of Reno County, finding in favor of the county and wind farm opponents. It was not the only issue in the suit, however, so the lawsuit continues.
17 Jun 2020

Judge strikes plan to put wind turbines on Bethlehem Authority land

A Carbon County judge has sided with two property owners who appealed the construction of 37 wind turbines on Bethlehem Authority-owned property, arguing the structures would be too loud and ruin their property values. The judge also ruled that a special exception the turbine company, Atlantic Wind LLC, was seeking should be vacated because Atlantic Wind failed to show the project will comply with Penn Forest Township zoning codes.
29 Apr 2020

Carbon judge rules against Atlantic Wind turbines

In a 61-page opinion Judge Steven R. Serfass wrote, “Atlantic Wind has failed to demonstrate that the sound produced by the proposed wind turbines will not exceed 45 A-weighted decibels and that there will be only one principal use on the proposed project area. Atlantic Wind has failed to meet its burden of persuasion that the proposed wind turbine project will comply with all the objective requirements for special exception to the granted under the Penn Forest Township Zoning Ordinance.”
24 Apr 2020

Fishermen seek delay in Gulf of Maine offshore wind planning

In deeper waters of the gulf, wind power will be achieved only with the use of floating turbines. The extensive anchoring and cabling that would be required means “lease areas will become de facto closures to fishing,” the Responsible Offshore Development Alliance wrote in an April 14 letter the governors of Maine, New Hampshire and Massachusetts, and the federal Bureau of Ocean Energy Management.
16 Apr 2020

Fishermen seek delay in Gulf of Maine offshore wind planning

In deeper waters of the gulf, wind power will be achieved only with the use of floating turbines. The extensive anchoring and cabling that would be required means “lease areas will become de facto closures to fishing,” the Responsible Offshore Development Alliance wrote in an April 14 letter the governors of Maine, New Hampshire and Massachusetts, and the federal Bureau of Ocean Energy Management.
16 Apr 2020

Fishermen seek delay in Gulf of Maine offshore wind planning

In deeper waters of the gulf, wind power will be achieved only with the use of floating turbines. The extensive anchoring and cabling that would be required means “lease areas will become de facto closures to fishing,” the Responsible Offshore Development Alliance wrote in an April 14 letter the governors of Maine, New Hampshire and Massachusetts, and the federal Bureau of Ocean Energy Management.
16 Apr 2020

Recommendations to Siting Board 'a gut punch' for Alle-Catt opponents

Gary Abraham, an attorney for residents of the two towns seeking more protective laws than ones passed earlier by the Farmersville and Freedom town boards, pointed out that the examiners, two administrative law judges from the state Department of Public Service and one from the state Department of Environmental Conservation, state that the 2007 Freedom wind law is in effect. That means turbine heights in Freedom are capped at 450 feet, not the 600 feet that Alle-Catt was seeking for its turbines. Alle-Catt had sought a ruling that the town’s 2019 wind law was in effect after a state Supreme Court judge ruled the 2018 wind law had not been legally approved.
4 Mar 2020

CNPS sues Santa Barbara County over approval of flawed wind energy project

The California Native Plant Society sued the County of Santa Barbara today for approving the Strauss Wind Energy Project, which violates both the California Environmental Quality Act (CEQA) and California Fish and Game Code. The project threatens the federally- and state-endangered Gaviota tarplant with extinction and puts the local golden eagle population, a state Fully Protected Species, at risk.
28 Feb 2020

https://www.windaction.org/posts?location=USA&p=4&topic=Legal&type=Article
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