Articles filed under Legal from USA

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

Fate of Seneca County wind farm project still in question after hearing

Retired Wood County Common Pleas Judge Robert Pollex, assigned by the Ohio Supreme Court to preside over the case, told attorneys after the final witness testified that he would give them until 4:30 p.m. Wednesday to submit their final briefs. The judge is being asked by sPower to issue an order granting immediate access to 31 tracts of land in which a different would-be developer negotiated leases from the 30 property owners more than a decade ago.
22 Feb 2019

Burleigh-Emmons Wind Farm developer files court appeal

Pure New Energy USA, the company proposing to develop the controversial Burleigh-Emmons Wind Farm, filed an appeal to the South Central Judicial District Court on Friday, challenging the Burleigh County Commission’s recent decision to deny 30 special use permits for the project. According to the notice of appeal, PNE argues it “met any and all requirements for issuance of the subject permits and the board should not have denied its applications.”
5 Feb 2019

Seneca Wind fails to get restraining order against leaseholders

Seneca Wind LLC, a subsidiary of Utah-based sPower, whiffed Monday on its first attempt for a court order that would have let it proceed with preconstruction work on 31 tracts of private land that are part of the massive wind farm it wants to build. Visiting Judge Robert Pollex denied a request from Seneca Wind attorneys for a temporary restraining order against 30 property owners holding the combined 31 leases.
5 Feb 2019

Wind farms sue NPPD over termination of power purchase deal

The Broken Bow Wind Project in Custer County is one of three wind farms suing to stop Nebraska Public Power District from terminating a power purchase agreement worth tens of millions of dollars a year. Three Nebraska wind farms have filed a lawsuit against Nebraska Public Power District alleging the utility is improperly attempting to cancel power purchase agreements a decade or more before they expire.
2 Feb 2019

California’s big climate plans could be in hands of PG&E bankruptcy judge

In its bankruptcy filing, PG&E claims some of the credit for helping renewable energy come of age, saying its contracts “contributed to significant price reductions for renewable energy resources currently available in the market.” But PG&E is still paying out those contracts, which can last 15 to 20 years. The bankruptcy judge could potentially seek to change their terms or prices.
31 Jan 2019

New judge assigned to Seneca Co. wind turbine case

There’s a new judge and a new hearing date for the legal complaint Utah-based wind turbine developer sPower has filed against 30 property owners whom the company claims are in breach of contract by resisting sPower’s attempts to come onto their property
31 Jan 2019

PG&E, NextEra face off in bankruptcy-related FERC filings

"...PG&E is involved in a number of contracts with power purchase agreement suppliers. Some of these agreements have above market terms and are pretty expensive for the company. ...PG&E may seek to reject or renegotiate some of its more expensive PPAs. The rub there is, who has jurisdiction? Can the court allow PG&E to cancel these, or do they have to go to FERC?" said Foss, noting there is case law supporting both sides.
23 Jan 2019

PG&E, NextEra face off in bankruptcy-related FERC filings

"...PG&E is involved in a number of contracts with power purchase agreement suppliers. Some of these agreements have above market terms and are pretty expensive for the company. ...PG&E may seek to reject or renegotiate some of its more expensive PPAs. The rub there is, who has jurisdiction? Can the court allow PG&E to cancel these, or do they have to go to FERC?" said Foss, noting there is case law supporting both sides.
23 Jan 2019

Proposed wind farm subject of lawsuits

The latest action came Thursday, when the nearby ranches filed a lawsuit against Sweet Grass County, alleging a proposed road use agreement ceded too much control over county roads to Crazy Mountain Wind, LLC, the company behind the project. Hours later, the Sweet Grass County Commission declined to make a decision on the agreement, saying at the advice of their lawyer, they were taking more time to consider the agreement.
18 Jan 2019

Sask. appeal court upholds extradition of man charged in wind turbine sales fraud to U.S.

The U.S. requested a committal for extradition from the Attorney General of Canada following the indictment and included a record of the case saying nine people would testify against him, six of whom said they dealt with Enviro-Energies. A Saskatchewan Court of Queen’s Bench judge approved the extradition order in August 2017, and the appeal was heard last May.
9 Jan 2019

Town of Forest loses district court appeal in wind farm case

A state appeals court Thursday, Jan. 3 dealt the town of Forest another legal blow in its attempt to limit noise levels the Highland Wind Farm would generate. The District III Court of Appeals upheld a ruling by St. Croix County Circuit Judge Edward Vlack dismissing the town's request to review part of the Public Service Commission's approval of the 44-wind turbine project.
7 Jan 2019

Court: Refund Swanton Wind developers

Swanton Wind’s developers are getting a partial refund of their $100,000 regulatory application fee, and they won’t have to pay other parties’ attorney fees should they decide to renew the project. That’s according to a Vermont Supreme Court ruling issued Dec. 21.
4 Jan 2019

Three lawsuits filed against New Creek Wind for negative health effects

"Specifically, while the plaintiffs are outside on their property, they are confronted with irritating and unabated audible noise which significantly limits the use and enjoyment of their property and results in annoyance, along with other symptoms..." one of the complaints states. The New Creek Mountain Sportsman's Club claims its members suffer from headaches, rapid heartbeat, fatigue, hearing problems and other issues while on the hunting lodge's property.
1 Jan 2019

https://www.windaction.org/posts?location=USA&p=9&topic=Legal&type=Article
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