Articles filed under Legal from Vermont

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

Irasburg Wind: Test tower violation case intensifies

Wind energy developer David Blittersdorf is intensifying his fight to avoid being found in violation of state regulations and being penalized for having a wind test tower without a permit on his Kidder Hill property. ...This week, the Irasburg select board rejected an undisclosed offer by Blittersdorf that if accepted would have taken the town out of the hearings over the alleged violation.
2 Jul 2016

PSB Denies Motion from Sutton Homeowner in Sheffield Wind Complaint

Brouha’s case involves his argument that Condition 8 of the CPG has been violated “…because indoor sound levels measured at Mr. Brouha’s residence exceeded the 30 dBA criterion…based on testing conducted by his expert, Noise Pollution Clearinghouse, and, according to Mr. Brouha, confirmed by the Department’s (Department of Public Service) expert.”
27 Jun 2016

Split court sides with solar developers

The “Legislature can change the balance between state and local regulation as it deems appropriate,” the majority opinion said. “In the absence of such a statutory change, the Board has the final policy decision. Under the deferential standard of review, we must uphold that policy choice.”
30 Apr 2016

Vermont Attorney General declines to charge environmental activist

The attorney general's office has closed its criminal investigation of renewable energy critic Annette Smith, opting not to weigh in on whether she practiced law without a license because it said the only relevant case law is too outdated. In a news release Monday, Attorney General William Sorrell's office did not clearly exonerate Smith of accusations that she performed duties normally reserved for attorneys. Rather, it said the definition of "practicing law" must recognize the various forms of advocacy practiced today.
10 Feb 2016

Vermont AG drops probe against Big Renewables critic

A critic of Big Renewables in Vermont is free from the threat of criminal prosecution after the attorney general’s office dropped an investigation launched in response to complaints from an anonymous green-energy developer. Standing before a large crowd, Annette Smith, surrounded by her attorney and victims of green-energy development, thanked supporters and the anonymous developer whose complaints against her backfired when Vermonters rallied to her cause.
9 Feb 2016

In Vermont, thorn in side of powerful faces criminal probe

Annette Smith has been fighting the power for more than 15 years, tenaciously opposing energy projects she believes harm the environment or quality of life in Vermont. Now she is the target of a criminal investigation ...her only offense is too often annoying a green power industry that boasts deep pockets. "Even though this is a preposterous charge, and will likely be thrown out, its purpose will be fulfilled: to chill anyone's free speech rights who dares to question the powerful in Montpelier," attorney Deborah Bucknam wrote in an op-ed.
31 Jan 2016

Bucknam: Selective prosecution

The attorney general is siding with Vermont’s large law firms and big lobbyists to deprive opponents of industrial wind the advice of a person who knows the intricacies of the proceedings and can help those who cannot afford the high-priced lawyers the developers can. And make no mistake. Even though this is a preposterous charge and will likely be thrown out, its purpose will be fulfilled: to chill anyone’s free speech rights who dares to question the powerful in Montpelier.
28 Jan 2016

Who is trying to silence Smith?

I recently read that the Vermont attorney general’s office is investigating Annette Smith of Vermonters for a Clean Environment. The purpose of the investigation is supposedly for “possible unauthorized practice of law.”
28 Jan 2016
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