Articles filed under Legal

Covid concerns cited in motion to continue wind farm fraud trial

Ridings and Davis are accused of scamming investors in a proposed wind farm project at Elm Springs. They are charged with multiple counts of wire fraud, aiding and abetting wire fraud, money laundering and aiding and abetting money laundering. ...Davis and Ridings of Dragonfly scammed six investors in Northwest Arkansas and southwest Missouri. Investors lost amounts ranging from $13,000 to $300,000, the indictment claims.
5 Aug 2021

North Dakota regulators order removal of wind turbine too close to residence

The North Dakota Public Service Commission voted 3-0 Wednesday to require that Minnesota Power remove the turbine within six months. The company can either leave it down or move it farther away from the home. ...The Kessler family raised a complaint with the PSC last year over the placement of the turbine, which is 1,125 feet away from the house. The turbine falls within the 1,400-foot buffer the company indicated it would maintain between turbines and occupied residences.
4 Aug 2021

Turbine noise goes on trial

The case, being brought by some of the neighbouring landowners, is expected to decide once and for all whether the facility has caused “substantial and unreasonable interference with the use and enjoyment of the land” owned by its neighbouring farmers. ...Not only are the lawyers for the aggrieved landowners seeking aggravated and exemplary damages, to compensate the plaintiffs for their distress and to punish the operators for their alleged wrongdoing, they are also seeking abatement of the noise, potentially involving the shutting down of the facility at night.
3 Aug 2021

Condo owners’ appeal could be last legal hurdle for offshore wind in Great Lakes

A legal challenge by two lakeview condo dwellers seeking to block Lake Erie’s first offshore wind farm faces a high legal bar before the Ohio Supreme Court — with equally high stakes for clean energy in the region. The Icebreaker Windpower project’s six turbines would sit roughly 8 to 10 miles northwest of Cleveland and produce roughly 20.7 megawatts of electricity per year. The Lake Erie Energy Development Corporation, or LEEDCo, has worked on the project for more than a decade.
20 Jul 2021

OMSA launches vessel to document Jones Act violations

“The Jones Act is very simple. If a foreign vessel picks up cargo at one point in the United States and takes it to another point, it has broken the law,” Smith continued. “Foreign vessels have succeeded in confusing this issue for a long time. Now, we’re going to shine a bright spotlight on their actions and show everyone just how many foreign mariners are taking money out of U.S. mariners’ pockets.
20 Jul 2021

Legal skirmish erupts over new fast track for green power projects

the lawsuit is being welcomed by some state lawmakers who argue the rapid review process curbs the ability of the state Department of Environmental Conservation to fully review energy projects and threatens farmland and the natural habitat of endangered species of wildlife. “It is the ultimate irony that in their rush to ‘save the environment,’ ORES and the Cuomo administration are violating a state law that is the cornerstone of New York’s environmental protection efforts," said state Sen. George Borrello, R-Chautauqua County. "That contradiction speaks volumes about the true motives behind this so-called ‘green energy’ agenda."
14 Jul 2021

Bird group, Suffolk supervisors take issue with offshore wind plan

In a lawsuit filed in state Supreme Court in Albany on Tuesday, the American Bird Conservancy and 12 other entities filed suit against New York state and its Office of Renewable Energy Siting, among others, charging they failed to comply with the state Environmental Quality Review Act in devising new siting regulations for green-energy projects through the state's Accelerated Renewable Energy Growth and Community Benefit Act. The groups, in a statement, accused the agency and the state of taking "critical shortcuts" in the environmental and public review process for recently approved and sited projects.
30 Jun 2021

Rural Municipalities, Community and Conservation Groups Sue New York State’s Office of Renewable Energy Siting Over 94-C Process for Siting of Industrial Solar and Wind Facilities

Ss_-_litigation_release_-_final_-___6.29.21_thumb Today, local governments, community organizations and conservation and public interest groups across New York State are set to file a lawsuit against the New York State Office of Renewable Energy Siting (ORES) asserting a violation of New York State Environmental Quality Review Act (SEQRA). The lawsuit seeks to overturn regulations setting standard uniform conditions applicable to all renewable energy projects in the state. The coalition of plaintiffs alleges ORES failed to acknowledge that its regulations for siting power plants could result in even one significant adverse environmental impact, and as a result failed to prepare and environmental impact statement.  
29 Jun 2021

Nation Rise Wind Farm opponents say IESO has broken Ontario law

Ruby Mekker, in a letter on Monday to officials including Terry Young, interim president and CEO of the IESO, said the approval of the commercial operation date for the Nation Rise project “is illegal,” that the IESO has been provided with proof of adverse health effects, proof of mechanical/electrical issues with turbines, and proof of lack of commissioning. Mekker, in the email addressed by herself and Residents of North Stormont, said the “IESO was put on notice that the residents did not consent. It is illegal in Ontario to knowingly harm people per the Health Protection and Promotion Act. . . with the approval IESO is now on notice that they have broken Ontario law and are liable for any and all consequences.”
23 Jun 2021

Wrongful death lawsuit filed after man dies from fall at a wind trbine

“The subject matter of the anticipated suit includes gross negligence and various subcategories of negligence.” Sentry is said to have failed to provide a "first aid station, an infirmary, or other medical services for the treatment of injured employees and – in a serious violation of safety protocols – also failed to have a person with first-aid training readily available at the work site to render first aid.”
3 Jun 2021

FSF statement on appeals court ruling in New York wind farm case

Fsf_v_debra_haaland_doi_boem_leases_suit20-5094-20-5094dst_thumb The court ruled that because BOEM doesn't technically commit to anything at the lease stage, it is too early to challenge the siting of the wind farm under the National Environmental Policy Act (NEPA). The decision means that affected parties cannot challenge a lease location under NEPA until BOEM approves a Construction and Operations Plan (COP) for the wind farm. However, that is very late in the process, and changing the lease location at such a late date would be exceedingly difficult.
31 May 2021

AG’s office weighs in on state investigation of Antrim wind turbine complaints

“Antrim Wind appears to argue that, although it is working in good faith to ensure a functioning ADLS, these efforts are essentially gratuitous,” Senior Assistant Attorney General and Chief of the Environmental Protection Bureau Allen Brooks wrote in the analysis. “if this position is accepted, Antrim Wind is under no obligation to ever properly run the ADLS.”
31 May 2021

Biden administration quick to dismantle Trump’s interpretation of the Migratory Bird Treaty Act

On May 7, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule that would revoke the Trump administration’s decision that the Migratory Bird Treaty Act (MBTA) does not apply to the incidental take of protected migratory birds. If finalized, the proposed rule would represent a return to pre-Trump years, when courts disagreed about the scope of the MBTA, and USFWS exercised broad discretion whether to seek civil or criminal penalties against parties whose activities unintentionally harmed or killed migratory birds.
20 May 2021

Dan's Mountain wind project remains on hold

A local couple have remained busy in their effort to derail a plan to construct wind turbines on Dan’s Mountain. Harwood subdivision residents Darlene and William Park, with the support of numerous neighbors, have been engaged in a legal battle against Dan’s Mountain Wind Force LLC. Their efforts have led to the project being stalled as they battle it in two courts.
30 Apr 2021

Judge orders injunction preventing NPPD from ending power contracts with 3 wind farms

According to the lawsuit, NPPD was trying to use Global Investment Partners' 2018 acquisition of the wind farms and other assets from NRG Energy, as well as NRG Energy's 2014 acquisition of the assets from their original owner, as the basis for the contract termination, claiming that they constituted a default under terms of the power purchase agreements.
26 Apr 2021

http://wind3.herokuapp.com/posts?p=2&topic=Legal&type=Article
back to top