Articles filed under Legal from USA

Wind farm opponents make good on threat of lawsuit

A petition was iled Thursday in district court by Overland Park lawyers Robert Harken and Robert Titus on behalf of 15 wind farm opponents. The petition seeks a judge’s review, declaratory relief, and a temporary restraining order. It also claims the state open records act was violated.
23 May 2019

SD Public Utilities Commission issues $30,000 max fine for southeastern wind farm's permit violation

Commissioner Kristie Fiegen said the fact that Prevailing Wind violated one of many conditions in their permits so early in their construction was a major concern -- especially for a project of its size. ...in order to avoid a costly civil lawsuit. Prevailing Wind will pay the maximum fine of $10,000 per day of the violation, totaling $30,000. The money will go to the permanent school fund.
15 May 2019

Seneca Wind project delayed again

In a six-page filing obtained by The Blade and expected to be entered soon in the OPSB online docket, three lawyers for Utah-based sPower’s subsidiary, Seneca Wind LLC, notified the state siting board that the developer wants to “suspend the procedural schedule and stay discovery” until further notice.
4 Apr 2019

Litigation holds up Washburn Wind Energy turbines

“(Potential buyers) are unwilling to enter into an agreement … until the legal proceedings are resolved,” Law said. “In addition, it is unreasonable and unwise for Washburn to commence construction of the project unless or until it has a purchase agreement in place and the legal proceedings have been completed.”
22 Mar 2019

Judge temporarily halts construction on Crazy Mountain Wind project

Oldenburg ruled that both sides could face potential harm, for plaintiffs if the wind farm is built, and for the defendants, if the wind farm isn’t build. “Until the ultimate issues are decided by a trier of fact, the balance of equities does not fall in favor of one side or the other,” Oldenburg wrote in his decision.
20 Mar 2019

Boswell Springs wind farm halts construction

As all construction efforts have been suspended, impact assistance funds issued by the Industrial Siting Council to relieve burdens caused by an influx of workers have also stopped. As no workers will be entering either Carbon or Albany counties until the dispute concludes, the payments have been made unnecessary for most communities.
20 Mar 2019

Blue Hill man sues NextEra over wind turbines

According to court documents, Kohmetscher lives on an 11-acre plot that is surrounded on three sides by wind turbines from NextEra's Cottonwood Wind Energy Center, a 40-turbine, 89-megawatt farm that began operation in the fall of 2017. Kohmetscher says in the lawsuit that the closest turbine is 1,300 feet from his property line.
5 Mar 2019

Atlantic Wind appeals zoning denial

In the appeal, Debra A. Shulski and Edward J. Greene, attorneys for Atlantic Wind, call the zoning board’s denial of its second application “arbitrary and capricious,” saying that the zoning hearing board “improperly discriminated against Atlantic Wind and held Atlantic Wind to a stricter standard than mandated or permitted by the Pennsylvania Municipalities Planning Code, the Zoning Ordinance or Pennsylvania case law.”
4 Mar 2019

Wind-farm developer's suit against township's zoning rules to continue

Basically, EDP is challenging the validity of Murdock Township's zoning, arguing that the Douglas County wind regulations that have been in place for some time should supersede those of the township. Murdock Township responded to the lawsuit with motions asking the court to dismiss the EDP complaints, and Thursday, Judge Gary A. Webber denied some of the motions, but not all of them.
2 Mar 2019

Landowners testify in wind farm lease case

The complaint filed in Seneca County Common Pleas Court states that each defendant refused to allow Seneca Wind access to their properties and that Seneca Wind needs to access the properties to analyze, plan and construct the project and to provide key information to Ohio Power Siting Board as it considers the application.
23 Feb 2019

https://www.windaction.org/posts?location=USA&p=8&topic=Legal&type=Article
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