Articles filed under Legal from USA

Invenergy sued in 2014 by residents near ‘model’ wind farm

Lippes said he is almost finished with discovery in the lawsuit and the two sides are expected to exchange the names of their expert witnesses soon afterward. ...The lawsuit cites constant noise and vibration from the turbines “significantly diminishes the value of plaintiff’s property and homes.” The 50 dBA noise limit “is violated on a regular basis,” the suit alleges.
12 Nov 2018

Agencies earn right to challenge wind farm studies

After it was revealed that Apex Clean Energy omitted the finding of a bald eagle nest on Galloo Island in spring 2017 from the application for its 109-megawatt project, administrative law judges allowed parties involved in the review to withdraw from the stipulations pertaining to studies of terrestrial ecology, wetlands and other related matters. ...Both the state departments of Public Service and Environmental Conservation said they have withdrawn from the particular stipulations due to Apex’s decision not to divulge the knowledge of the nest and the lack of studies to address it.
11 Nov 2018

Motion to intervene on turbine appeal denied

The Massachusetts Appeals Court rejected a motion to intervene in the court order to shut down Falmouth’s two wind turbines as a nuisance, upholding Barnstable Superior Court Judge Cornelius J. Moriarty II’s decision. “We see no reason to disturb the judge’s ruling,” Associate Justices Peter J. Rubin, Gabrielle R. Wolohojian, and Amy L. Blake wrote in their decision, noting the history of the litigation.
9 Nov 2018

Appeals Court upholds Falmouth wind turbine decision

Barnstable Superior Court Judge Cornelius Moriarty had deemed the turbines at the town's wastewater treatment facility a nuisance and ordered that they be permanently shut down in June 2017. The selectmen voted not to appeal the decision. ...The Green Center then appealed Moriarty’s ruling to the Massachusetts Appeals Court but again failed to gain any traction, with a panel of three judges upholding Moriarty’s decision.
7 Nov 2018

Imprudent, Unreasonable, Unnecessary, Approved

In truth, it is hard to imagine a worse factual record, a worse example of wasting ratepayer money and imposing ratepayer risk.  For $300 million or more the company will receive only 12 megawatts of power and with the assumed operational efficiency of the turbines that will work out to 78 cents per kilowatt hour.  Then a hurricane may wreck it.
2 Nov 2018

Wind turbine testimony wraps up; decision expected Dec. 17

Testimony concluded Tuesday night in the battle for Atlantic Wind to gain a permit to erect 28 wind turbines on land owned by Bethlehem Water Authority in Penn Forest Township Written briefs are due to the zoning board by Dec. 7. The zoning hearing board will meet on Dec. 17 to deliberate and announce its decision in the matter.
31 Oct 2018

Black Hawk County wind farm opponents go to court

Holmes contends the hearing and vote was moot because the correct way to handle the request would have been through a rezoning application to the elected Board of Supervisors. “(The Board of Adjustment) have no power to grant a special exemption on land that is exempt from zoning,” he said. “They should have just gone home.”
24 Oct 2018

Court-appointed referee: Deny Atlantic Wind application

“The application of the Atlantic Wind should be denied as filed as it does not comply with the not-to-exceed sound standard under the Penn Forest Zoning Ordinance; would establish a second principal use of the land in contravention of the (ordinance); and that no hardship was shown for a service building in the R-2 District." ...Schwab also wrote that the turbines would create a second, illegal use on the property. The ordinance states that a lot in the residential district can only have one principal use.
23 Oct 2018

Owners of former U.S. Coast Guard lighthouse on Galloo Island file petition over easement dispute

A petition to suspend, adjourn or dismiss the Article 10 review of the Galloo Island Wind project has been filed with the state Board on Electric Generation Siting and the Environment. Cara and Anthony Dibnah, who in 2000 purchased the former U.S. Coast Guard lighthouse on the island, are seeking relief from the board because of an ongoing easement dispute with the owner of the largest part of the island, Galloo Island Corp.
14 Oct 2018

Fairbank wind towers fight removal deadline

Bauercamper found the wind companies in contempt of court earlier this year and ordered the turbines to cease energy production by July 2 and be removed at the turbine developers’ cost by Dec. 9. The turbines have stopped spinning.
5 Oct 2018

Yarmouth shellfishermen to participate in offshore wind cable hearings

The proximity of the men’s grant areas means their oysters, which total about 3,250,000, could be smothered by sand and silt that’s stirred up when Vineyard Wind lays the cable, the letter contends. Although Vineyard Wind officials have met with the shellfishermen multiple times and proposed solutions that include installing silt curtains while work is conducted, there’s no evidence those solutions will work, according to the letter.
2 Oct 2018

Building Commissioner says Wind 2 not abandoned

In his response, Mr. Palmer said this regulation does not apply to Wind 2 because of when it was installed. The letter indicates Wind 2 was issued a permit and became operational in February 2012. “The building permit and the date of initial operation are both beyond the six year enforcement provision of G.L. c. 40A, s. 7 for structures erected in reliance upon a building permit,” Mr. Palmer wrote.
22 Sep 2018

Florida Based Energy Company Violates New Law

Ok-agletter-nextera-violation_thumb The actions of a Florida-based energy company are proving to be a test case for a new law intended to protect what many believe is Oklahoma's most valuable military asset -- air space. A News 9 investigation reveals the company, NextEra Energy, is putting up new wind turbines without the needed federal approval, in violation of a recently approved state law.
31 Aug 2018

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